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NCAA Announces Response to Expanding State Name, Image, and Likeness Legislation with Proposed Changes to Bylaws

Following the cancelation of the winter sports championships and the calendar of spring athletic events due to the COVID-19 pandemic, the NCAA is hoping to reset for the 2020-2021 academic year with a full slate of college football and other fall sports in September. While the NCAA and its members have been focused on student-athlete … Continue Reading

UPDATE: NCAA Rejects Blanket Waiver of Minimum Sports Requirement in Midst of COVID-19

The NCAA Division I Council has rejected the efforts of the leaders of five Division I Conferences (the American Athletic, Mountain West, Mid-American, Sun Belt, and Conference USA conferences) who collectively had asked the NCAA for a blanket waiver on behalf of 27 of the 32 NCAA Division I conferences to eliminate its current requirement … Continue Reading

Lost Revenue from COVID-19 Crisis Prompts Colleges, Universities to Urge NCAA Waiver

Even as some states claim the immediate effect of the COVID-19 pandemic is starting to plateau, the potential financial impact of the pandemic on college athletics is just starting to emerge. As college and universities assess potential budget shortfalls as a result of the $375-million loss of their portion of revenue distribution following the cancellation … Continue Reading

#UnitedAsOne Campaign: NCAA and Its Member Schools Create Resource for COVID-19 Information, Updates

Out of the uncertainty and chaos of the cancellation of the NCAA Winter championships and Spring seasons caused by the coronavirus (COVID-19) pandemic, digital and social media leaders at a small group of 50 schools came together to launch the #UnitedAsOne campaign to show unity and support for all student-athletes in college sports. In less … Continue Reading

NBA May Reduce Players’ Salaries Due to COVID-19 Shutdown

On March 11, 2020, the National Basketball Association (NBA) suspended its season due to the coronavirus (COVID-19) pandemic. Now, the League is considering reducing or withholding players’ salaries after the April 1, 2020, payday. The NBA originally hoped to resume its season at some point in June, possibly without fans in attendance. However, as COVID-19 … Continue Reading

NCAA Grants Additional Eligibility to Spring Athletes Affected by COVID-19

The NCAA Division I Council has voted to allow schools to permit spring sport student-athletes an additional season of competition and an extension of their five-year period of athletic eligibility on account of the coronavirus (COVID-19) pandemic. While it had previously announced that it would consider and potentially adopt modifications, changes, or waivers to current … Continue Reading

MLB and Its Players Agree to Terms for Potential Resumption of Play Amid COVID-19 Pandemic

The coronavirus (COVID-19) pandemic has silenced all major sports leagues. Instead of the anticipated opening of the 2020 Major League Baseball (MLB) season during the last week of March, MLB and the Major League Baseball Players Association (MLBPA) announced agreement on the specific terms governing the potential beginning of a coronavirus delayed start to the … Continue Reading

The Force Majeure Clause-The New Relevance of the Forgotten Contract Clause

The recent surge of the COVID-19 pandemic and its catastrophic effect on worldwide events has put the standard contract clause, “force majeure,” in new light. A force majeure clause, French for “superior force,” is a negotiated contract provision that allows either party to a contract to suspend or terminate the performance of its personal contractual … Continue Reading

NCAA Will Consider Eligibility Relief for Student-Athletes Affected by COVID-19 Participation Ban

While colleges, universities, and student-athletes across the country continue to react to the ramifications of the sudden and unprecedented cancellation of the NCAA National Men’s and Women’s Basketball Championship, as well as cancellation of the collegiate spring sports competitive seasons for sports (including baseball, men’s and women’s lacrosse, softball, and men’s volleyball), the NCAA has … Continue Reading

NFL Players Association Executive Committee Member Files ULP Against Own Union and Its Leaders

Russell Okung, a current NFL player and member of the National Football League Players Association’s (NFLPA) executive committee, has filed an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB), alleging the union has threatened retaliation against its own members and violated its own constitution by forcing a full-member ratification vote of … Continue Reading

NCAA Representatives Testify on Capitol Hill Urging A Consistent National Approach to Athlete Name, Image, and Likeness Compensation.

Governor Gavin Newsom and the California legislature shook up the collegiate sports landscape with the introduction and passing of legislation allowing college athletes to benefit from their name, image, and likeness (NIL) in 2019. Several states have followed California’s legislative lead and proposed similar legislation—with some duplicating the exact terms of the California law, up … Continue Reading

As The NCAA Formulates Options, More States Opt To Use Legislation As The Solution For Name, Image and Likeness Rights

While NCAA President Mark Emmert addressed the attendees at the NCAA Convention in Anaheim, California, he acknowledged the issues currently facing the NCAA with regard to name, image and likeness compensation rights for student-athletes. Emmert stated, “2020 can’t be a year of business as usual. We’ve got to double down on the opportunities that we … Continue Reading

Virginia Considering Student-Athlete Name, Image and Likeness Legislation

Virginia has joined the ever-expanding number of states to introduce proposed legislation that would permit student-athletes to benefit from the marketing of their name, image and likeness. In fact, three individual bills have been introduced for consideration by the 2020 General Assembly, all of which would allow collegiate athletes to be compensated for the commercial … Continue Reading

Pending State Bills Propose to Limit The Ability of Transgender Student-Athletes to Compete

Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete only in their sex assigned at birth, not based on their gender identity. While more than a third of states allow transgender students to compete on teams based on their gender identity, legislators in several states (including … Continue Reading

Federal Legislators Form Working Group To Address Student-Athlete Name, Image and Likeness Rights

In a long awaited, but highly anticipated step, a group of United States Senators has announced the formation of a bipartisan working group to assist with ongoing discussions regarding compensation for student-athletes relating to their name, image and likeness. The working group, whose initial members will include Senators Cory Booker (D-NJ), Chris Murphy (D-Ct), David … Continue Reading

Former College Athlete Sues NCAA, Member Schools for Student-Athlete Pay

Following the NCAA’s recent policy announcement to allow current student-athletes to benefit from the use of their name, likeness and image, a former college athlete has filed a class and collective action complaint against the NCAA and 23 member schools for failing to pay student-athletes. Former Villanova football player Ralph “Trey” Johnson filed a suit … Continue Reading

NCAA Board of Governors Approves Policy Permitting College Athletes to Benefit From Use of Name, Image, and Likeness

The NCAA Board of Governors has unanimously approved a policy which will “permit students participating in athletics the opportunity to benefit from the use of their name, image and likeness in a manner consistent with the collegiate model.” The policy calls for “flexibility” in order “to provide the best possible experience for college athletes.” It was adopted following … Continue Reading

National Football Players Association Joins Forces with the National College Players Association in Effort to Market Name, Image and Likeness Rights for Student Athletes

The National Football League Players Association (NFLPA) has announced a partnership with the National College Players Association (NCPA) to jointly explore the marketing and licensing of all college athletes and how they can be paid for the use of their name, image and likeness through the NFLPA’s licensing affiliated entity, REP Worldwide. Seeking to maximize … Continue Reading

New Jersey Joins the Growing Number of States Seeking to Create Name, Image and Likeness Rights for Student Athletes in Direct Defiance of Current NCAA Bylaws

While student-athletes and colleges and universities across the country await an anticipated response from the NCAA’s established working group regarding name, image and likeness rights, a growing number of states continue to announce their intention to circumvent current NCAA Bylaws and introduce legislation to provide student-athletes with the opportunity to capitalize on their name, image … Continue Reading

The Number of States Supporting Student-Athlete Name, Image, and Likeness Rights Continues to Grow

The number of states supporting the growing effort to secure legal rights for student-athletes to market their name, image, and likeness for economic benefit without affecting either their scholarship benefits or amateur status continues to grow. Legislators from Minnesota and Georgia have announced that they intend to introduce legislation at their state’s next legislative session … Continue Reading

UPDATE: New York Student-Athlete Name, Image, and Likeness Bill Amended (Again)

New York State Senator Kevin S. Parker recently introduced his bill, the New York Collegiate Athletic Participation Compensation Act, to provide New York college student-athletes an opportunity to market their name, image, and likeness for economic benefit without affecting either their scholarship benefits or amateur status. Now, he has amended the bill a second time. … Continue Reading

National Basketball Players Association Opposes NCAA’s Amended Agent Certification Requirements

  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

University of Wisconsin-Madison Expands Student-Athlete Discipline Policy

The University of Wisconsin Athletic Board has approved significant changes to its student-athlete discipline policy. The decision comes shortly after a Wisconsin jury acquitted one of the school’s football players of sexual assault charges. Wide receiver Quintez Cephus was expelled from the University in August 2018, then, following the jury’s not guilty verdict, he was … Continue Reading
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