Lewis Brisbois Bisgaard & Smith LLP

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Collegiate & Professional Sports Law Practice

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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
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
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
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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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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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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nil, nba, trademark, sports law, ncaa, intellectual property
New Federal Legislation Aims to Eliminate Tax Write-Offs For Contributions to NIL Collectives Posted on: September 30, 2022 In: Sports Law
The 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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employment law, nil, tax, college athletes, collegiate sports, name image likeness, irs, taxation, congress
Name, Image & Likeness: Back to the Legislative Starting Block? Posted on: August 04, 2022 In: Sports Law
For 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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nil, congress, legislative alert, student-athletes, sports law
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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nil, ncaa, student-athletes, employment law, immigration law