Adams and Reese LLP’s Post

The NCAA announced the terms of a multi-billion-dollar settlement in the House v. NCAA class-action lawsuit. As part of the settlement, the NCAA will pay $2.75 billion in back-pay to former athletes. The Association also agreed to allow college athletes to receive pay directly from universities, breaking from its century-old policy prohibiting this practice. The announcement also revealed a new revenue sharing model between athletes and power-conference schools. Attorneys for the plaintiffs stated the settlement is the most fundamental and revolutionary change in the history of college sports and marks a significant turning point in how college athletes are compensated. What do you think of the settlement? Let us know in the comments! #ncaa #NIL #sportslaw #sportslawyer

This is a good piece by Michael McCann that lays out the next steps in the Dartmouth men’s basketball NLRB proceeding, now that the regional office has declared the athletes are employees of the school. https://lnkd.in/gR9rqM-K While there will be an appeal and other legal maneuvering, as Michael notes at some point it makes sense for schools, conferences, and the NCAA to voluntarily recognize at least some college athletes as employees. This will allow unionization and collective bargaining, which allows agreed upon rules on things like player compensation and movement to be exempt from antitrust law. It’s the only way to bring stability and certainty to college athletics. The other option is to continue with the endless antitrust and employment litigation, and the inability to enforce any rules on player compensation and movement. And with the endpoint almost certainly being employment anyway. I think more college athletics and university leaders are realizing which way they need to go. #ncaa #collegeathletics #collegeathletes #sportslaw #antitrustlaw #laborlaw #employmentlaw

"The five autonomy conferences and the NCAA agreeing to settlement terms is an important step in the continuing reform of college sports that will provide benefits to student-athletes and provide clarity in college athletics across all divisions for years to come" 😂 🙄 AND PROVIDE CLARITY: 1. Employees or not 2. Can the cap be circumevented 3. How does a newly imposed Salary Cap not violate Anti-Trust Laws 4. Will athletes opt in 5. How if at all does Title IX apply 6. Why are non-P4 programs paying 60% vs. P4 at 40% 7. Media rights valuations 8. What protections, if any, are provided for future lawsuits 9. Who was this collectively bargained with 10. Conflicts of Interests everywhere (university level, athlete level, conference levels, P4 vs. G5 vs. FCS) Anything but CLARITY!!!! #NIL #nameimagelikeness #ncaa #revenueshare #housesettlement https://lnkd.in/eW7wJUmW

#ICYMI: Jason J. Montgomery participated in a discussion on Pay for Play at the University of Iowa, alongside other consultants in sport and labor law, as well as college athletics. The debate over college athletes' status as university employees is heating up, with recent legal opinions and court cases challenging the NCAA's amateurism model. View the session: https://lnkd.in/gQ3vFcKm #collegeathletes #NCAA #laborlaw

Check out my latests on Virginia passing a law to allow college and universities to directly compensate their athletes for NIL. Do you think other states will follow suit? #sportslaw #collegesports #nil #nameimageandlikeness https://lnkd.in/ePaQrjZ5

Georgia’s governor signed an executive order today that prohibits the NCAA or a conference from punishing a Georgia university for paying or offering #NIL compensation to athletes. Which means schools in Georgia can now directly pay or fund NIL compensation to their athletes. The state joins Virginia as the second state to allow direct NIL compensation to athletes. There are also a number of other states with laws that allow schools to essentially fund NIL payments to their athletes through a third party. We’ll likely see more state laws or executive orders like this with the proposed House settlement now looking uncertain, as schools want to be able to fund NIL payments even if the settlement doesn’t happen. And laws/orders like this will also give schools a head start with paying athletes if the settlement is eventually approved. Schools can begin paying athletes now instead of waiting months for the potential approval. The order is in effect until the effective date of the House settlement (or another settlement) or passage of a federal NIL law. #nameimagelikeness #ncaa #collegeathletes #collegeathletics #sportslaw

States continue to enact laws that override the NCAA’s #NIL rules and guidelines. Oregon is the latest and there are similar bills in other states currently making their way through the legislative process. Oregon’s law now allows NIL deals to be contingent on attending a specific university, allows universities to facilitate, enable, and support NIL opportunities for their athletes, and prohibits the NCAA from penalizing schools and athletes for engaging in activities allowed by the law. The law went into effect immediately last week upon it being signed by the governor. As I told Pete Nakos of On3 in the piece linked below, these state laws are examples of how the NCAA continues to be marginalized by other entities. https://lnkd.in/dmNZ8M4U #nameimagelikeness #ncaa #collegeathletics #collegeathletes #sportslaw

What are the Educational, Health, or Economic Benefits to these Players and their Families for that kids uncompensated participation in any additional “NON-SCHOLARSHIP” private third-party postseason football games that pay the Universities and the Conferences for the use of their free labor to put on these highly profitable Bowl events. The answer is ZERO! These additional 1-5 POSTSEASON games are also above the Players’ 12 game athletic scholarship agreement? Our Proposal offers Major Benefits in all three Categories to the Players and their Families! Scholarship Football Players are owed Hundreds of Millions of dollars from this year’s Media contract that uses these Players’ Name, Image, and Likeness NIL without any equitable financial consideration to the Players or their Families! This lost Money could have a major impact on these Players lives, the lives of their current and future family members for generations? We do not support, or agree with the House vs NCAA Settlement or the current covert attempts to extend and expand this Antitrust exploitation of our young (mostly minority) FB & BB Players' labor that the US Supreme Court and Federal District Court have recently struck down as illegal and implausible.

Michael Isselin was quoted in Bloomberg Law on a recently proposed NCAA pay plan to compensate student-athletes, discussing potential wealth inequity, pitfalls, legal risks and considerations. You can read the full article here: #ncaa #studentathletes

While more doors are opening and market opportunities are increasing for student athletes, some remain locked by school recruitment restrictions. Read RPJ Dan Ain’s analysis of the NCAA NIL rules and their illegal impact which was recently challenged: #sports #ncaa #ncaabasketball #athletes #athletelife #sportslaw #sportsnews #sportsmarketing #bball