The NCAA has taken a further step toward the finalization of specific provisions which would allow student-athletes the opportunity to pursue endorsement opportunities for the use of their name, image and likeness. The NCAA Division I Council has approved an updated draft of proposed student-athlete name, image, and likeness rights (NIL) legislation. This revised proposal, … Continue Reading
In a recently published letter, the agents of the National Basketball Players Association (NBPA) wrote, “[T]he NCAA Agent Certification process and the rules, regulations, and guidelines surrounding it are needlessly invasive and onerous and are completely counterproductive to meeting the NCAA’s stated purpose in attempting to certify and regulate NBA agents: to protect men’s … Continue Reading
A North Carolina law designed to protect student-athletes may determine the enforceability of Prime Sports Marketing’s contract with former Duke University star Zion Williamson. While Williamson is preparing to become a member of the New Orleans Pelicans after his name is announced as the No. 1 selection in the 2019 NBA Draft, he is also … Continue Reading
While Major League Baseball and the NFL often speak of growing revenue, Esports has enjoyed a meteoric rise in popularity and an accompanying increase in revenue streams of its own. Buoyed by investments into Esports organizations from international stars like Michael Jordan and Drake, and the increasing popularity of Esports stars like Tyler “Ninja” Blevins … Continue Reading
As colleges and universities and student athletes await the long anticipated decision from U.S. District Court Judge Claudia Wilken in Alston v. NCAA regarding whether scholarship limits imposed by the NCAA violate anti-trust laws, a bill introduced in the State of Washington could provide student athletes in the state with the opportunity to be paid … Continue Reading
An overhaul is on the way for men’s college basketball. The NCAA’s Commission on College Basketball, established in response to a federal investigation into corruption in college basketball, is expected to release proposed changes to the sport on Wednesday, with the goal of final versions of the recommendations voted on by the NCAA executive board … Continue Reading
As high school students end their winter sports schedules and spring sports participants begin play across the country, the role and significance of agents and their use by amateur athletes as they prepare for possible selection in the upcoming Major League Baseball (MLB) amateur draft and the NHL Entry Draft is once again front and … Continue Reading
The criminal conviction of two sports agents for smuggling Cuban baseball players into the United States in an attempt to sign them to lucrative contracts serves as a reminder for agents, potential agents, and everyone else in the sports industry that compliance with the law is essential, even in the competitive business of sports management. … Continue Reading
The NCAA has voted to modify its existing rules dramatically to permit high school baseball players drafted in the Major League Baseball (MLB) amateur draft to hire agents to negotiate contracts with the Major League teams that drafted the players, without sacrificing college eligibility should they fail to successfully negotiate a professional contract. The NCAA’s authorized use … Continue Reading
The Uniform Law Commission (ULC) has approved significant changes to the Uniform Athlete Agents Act (UAA) at its recent annual meeting. The UAA, first adopted in 2000, has been enacted in 40 states, as well as the District of Columbia and the U.S. Virgin Islands. Laws similar to the UAA have been enacted by several … Continue Reading
Disability insurance policies are frequently secured by college football players, especially those who expect to be selected in the early rounds of the NFL draft. These policies are typically secured by the player in one or two forms. One option allows players to secure coverage to protect against “total permanent disability”. Such coverage would only … Continue Reading
For the first time since October 1, 2010, the Major League Baseball Players Association (MLBPA) has enacted a series of amendments to its regulations governing player agents. Approved during the MLBPA’s recent annual Executive Board meeting in Orlando, the amendments address the union’s ongoing effort to improve the quality and knowledge of agent applicants. Each … Continue Reading
Reacting to improper agent interactions with undergraduate student-athletes, the University of Washington and The University of North Carolina have enacted and formally introduced amended agent regulations. Both schools are adding new rules that restrict agent interaction with student-athletes. The University of Washington’s policy also contains restrictions on financial advisors and their associates. The University of … Continue Reading
A year after the issuance of the Department of Education (“DOE”) Office of Civil Rights’ (“OCR”) April 4, 2011 “Dear Colleague Letter,” educational institutions are still scrambling to avoid being found in violation of Title IX. The Letter was in response to an increase in sexual discrimination and assault in the educational setting. It reminded … Continue Reading
What: Duke Law School’s 2nd Annual Sports and Entertainment Law Symposium – The Business: Recent Developments and New Challenges in Sports, Entertainment and the Law When: March 16, 2012 (9:00 a.m. – 5:00 p.m.) Where: Duke Law School 3043 (map) Schedule of Events 9:00 – 9:20: Registration and Networking Breakfast 9:20 – 9:30: Opening Remarks 9:30 – 10:15: Collective Bargaining Panel … Continue Reading
The hefty contracts and marketing deals athletes now command have attracted states’ attention to the conduct of sports agents in light of state laws and regulations. Forty-three states have athlete agent regulations that regulate the registration, licensing, and conduct of athlete agents. As the following example illustrates, athlete agents who do not diligently follow state … Continue Reading
The Jackson Lewis Collegiate and Professional Sports Industry Group will be a featured participant at Arizona State’s 2nd Sports and Entertainment Law Conference. The full details of the conference are posted below. What: Arizona State University Sandra Day O’Connor College of Law’s 2nd Annual Conference on Sports and Entertainment Law When: Saturday, November 5, 2011 (9 a.m. – 5 … Continue Reading
Oklahoma has passed legislation modifying its version of the Uniform Athlete Agents Act (UAAA) to impose stricter penalties on a broader range of persons. Authored by President Pro Tem Brian Bingman (R-Sapulpa) and Rep. Todd Thomsen (R-Ada), the Sports Agent Act (HB 1586) expands the definition of “agent” and imposes six-figure fines and extended jail … Continue Reading
The elimination of the National Football League Player Association’s regulatory authority over agents following the union’s decertification has prompted several states and universities to take a closer look at their laws and rules to ensure maximum protection for their student-athletes. At the university level, in communications to all agents who served as Certified Contract Advisors … Continue Reading