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Tag: student-athletes

Collegiate & Professional Sports Law Practice

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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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Tags:
nil, irs, tax law, student-athletes, collectives
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
Fifty Years of Progress: The Legal History of Title IX Posted on: September 09, 2022 In: Sports Law
This 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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Tags:
title ix, civil rights, women's rights, student-athletes, discrimination, lgbtq
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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Tags:
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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Tags:
nil, ncaa, student-athletes, employment law, immigration law
Department of Education’s New Proposed Regulations Coincide with 50th Anniversary of Title IX Posted on: July 07, 2022 In: Sports Law
The U.S. Department of Education released its long-awaited proposed amendments to the regulations for Title IX of the Education Amendments of 1972 in a Notice of Proposed Rulemaking issued in conjunction with the 50th anniversary of Title IX. The Department has stated that the intent of the proposed amendments is to “restore crucial protections for students who are victims of sexual harassment, assault, and sex-based discrimination” that were weakened by previous regulatory changes.
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Tags:
title ix, department of education, student-athletes, sexual harassment, discrimination
Introducing The Official Review - Lewis Brisbois’ Sports Law Blog Posted on: May 09, 2022 In: Sports Law
Welcome to The Official Review! As the sports law arena continues to develop and grow more complex, Lewis Brisbois’ Entertainment, Media & Sports Practice has established this blog as an additional resource for our clients and other interested parties.
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Tags:
sports law, sports, student-athletes, trademark, employment law