Alex Abrams’ Post

⚾ 🏀 🏈 🏐 #MediaLaw and #NCAA #NIL Update - We've been watching closely as information surrounding the $2.8 BILLION settlement spools out. As most are aware, this settlement resolves three pending federal #antitrust cases in which it was alleged that the NCAA and the #PowerFive conferences improperly barred student-athletes from profiting from the use of their NIL. By this settlement, former #StudentAthletes will be compensated for past restrictions on NIL earnings. What's more, the settlement establishes some parameters for present and future student-athlete earnings. At this point, we await settlement approval by Judge Claudia Wilken and we also await additional details as to how this settlement will impact smaller, non-FBS (football bowl subdivision) Division I conferences. Another question, concerning #GenderEquity, is whether #TitleIX will apply to the new revenue sharing model. We expect this to be a major focus moving forward, as institutions finalize their revenue sharing structures. Look out, #EPL world, as this sounds ripe for #discrimination claims. For more like this, be sure to follow Kissel Straton & Wilmer LLP. Special thanks to Riley Odell for her assistance in reviewing this matter. #MediaLawyer #MediaLiability #NameImageLikeness #InsuranceLaw #InsuranceLawyer #EmploymentPracticesLiability https://lnkd.in/eFUB7wCs

Great recitation of powerful actors in college athletics absolving themselves of any responsibility for the total and shameless commodification of a virtuous pursuit: human development through sports tethered closely to the mission of higher education. University presidents and chancellors, their hired mercenaries in greed (conference commissioners), athletic directors , and head coaches all own responsibility for the current mess of affairs in NCAA sports. Television networks aid and abet the powers that be by supplying insane amounts of money into their coffers, but that is not only expected, it is their duty as profit maximization corporations to do so. University presidents and chancellors are CEO's of nonprofit higher education institutions with a totally different and often public mission (public, land grant institutions). In reality there is no scarcity of resources in major college sports, only an abundance of greed. Only the independent Knight Commission on Intercollegiate Athletics has been outspoken and proactive on course correction. The powers that be would be wise to heed the recommendations of the Knight Commission and to the timeless and pertinent wisdom of 19th century British politician Lord Acton: "All power tends to corrupt and Absolute Power corrupts absolutely." #knightcommission #NCAA #greedkills #putstudentathletesfirst #highereducationmatters #coursecorrectnow

We echo what Pete Nakos mentions in this article. As the realities of a settlement start to unfold, leading college administrators are starting a proactive analysis around revenue distribution and revenue generation in the new model. Total Player Value aggregates meaningful third party data and works with our clients on an individual basis to help them solutions. Every adminstrator wants to work within the framework and the individual profile of their school to help create competitive advantages for coaches and athletes. Properly managing a significant expense line is a challenge for any business leader. Providing data and insights is what we do to help our clients manage expenses and grow revenues. https://lnkd.in/gEjRsbN5

This week, the NCAA and power conferences are expected to vote on whether to settle a federal class-action lawsuit that would cost them nearly $3 billion in damages and allow power-conference athletes to finally share in annual revenues. As college sports face a reckoning on multiple fronts, and with the prospect of the NCAA owing as much as $20 billion in damages were it to lose the House case at trial, settlement efforts have intensified in recent weeks. In addition to more than $2.7 billion in NIL back-pay damages, a settlement would include a system in which roughly $20 million a year can be distributed directly from a power-conference school to its athletes. All indications are that the last vestiges of amateurism in college sports are coming to an end. Over the past three years, lawsuits and policy changes have exposed cracks in the foundation of the collegiate model. The settlement would be another step toward a future in which the biggest programs separate from the rest of the NCAA into some version of super conferences. Plenty of hurdles remain beyond the House case as well, including if the NCAA can secure antitrust exemptions from Congress. The combination of triple damages, and the NIL floodgates fully opening would be a death rattle for the NCAA. #DrexelSBIZ #SportBusiness #NCAA #NCAAFootball #NCAABasketball #NIL

This is the best article I have found that breaks down the recent House settlement that has already sent ripple effects through the athletic world in the United States. It breaks down all the important information for athletes, coaches, administrators, boosters, collectives, and fans. Little opinion, just facts and potential roads ahead for college athletics. I think it is far too early to throw out "takes" on how the House settlement will positively/negatively impact collegiate athletics and higher education. I would highly discourage listening to anyone who is proclaiming this as either "the end of collegiate sports" or "the best thing ever for collegiate sports". Neither statement is likely true. It's far too early to know the impact this settlement and any future litigation will have, so for now, I will say it's not going to be "good" or "bad", just different. I do think interesting discussions can spring from this. How will the potential impact to certain sport programs affect the future of the sports at the next level in the USA (ie professional leagues and Olympic teams)? How will institutions, athletic departments, and conferences respond to the latest settlement? What future litigation could arise still? How does this impact athletics beyond the college level (both youth and professional)? https://lnkd.in/gSSNdfjR

What does the concept of amateurism, once a cornerstone of college athletics, mean in the dynamic landscape of today? We are watching a seismic shift in college athletics right before us. * Where does the money come from? * Who is eligible for payment, and how much? * What happens to non-power conference schools? * What happens to non-revenue sports athletes? * How does Title IX affect all of this? * What are the federal legislative implications? It's all amazing to watch; things will never be the same. Does anyone have thoughts? ESPN, NCAA, Dan Murphy, The Players NIL, Mit Winter, Cal Stein, Darren Heitner, Bob Boland, Andrew Petcash, Braly Keller, Dan Lust, Esq., Sports Business Journal, https://lnkd.in/eWwqqFz6

This is the type of thinking that has led to the mess that big time intercollegiate athletics has become. The SEC Commissioner opposes any collective effort to bring normalcy to college football because it might hurt the SEC's power. The problem here is that there's no incentive for any particular present day power broker to truly fix any of this mess, and, as a result, they are laser focused only on their own interests rather than the collective good. At this moment big time intercollegiate athletics desperately needs real leadership, not naked self-interest. The annual raiding of conferences in search of ever higher media rights has turned the NCAA into the Wild West. Look no further than the fact that Cal and Stanford now have to crisscross the country to play out all their conference road games in the ACC. That might be palatable for football with just four or five conference trips a year on Saturdays but for all other sports? It's crazy. And unsustainable. With my staff I always say never raise a complaint without offering a solution. I'm afraid I'm violating that here as, in light of their intransigence, I'm not really sure what the best solution is - I have some ideas - but I know what it's not. It's not publicly declaring that we are just in this for ourselves, no matter what ditch it drives the rest of country into. That's a recipe for disaster. https://lnkd.in/eb5TCQHa

In my NCAA Policies and Procedures class yesterday, we were discussing the transition that has occurred over the past decade with how schools respond to NCAA infractions allegations. In the past, the common wisdom was to cooperate fully, conduct your own internal investigation, and even self-impose stiff penalties you think would be just enough to satisfy the enforcement staff and/or Committee on Infractions. That still happens in many lower stakes cases; however, in high stakes cases that is simply no longer true. You could see a shift occurring in 2017 with the University of Oregon, where the school self-reported violations and self-imposed penalties, but the NCAA came over the top with more severe charges and penalties. Oregon accepted most of the underlying factual conclusions but defended its coaches and programs against the more severe charges and penalties. The choice to fight back was eye opening at the time, and in some ways set the stage for what was to come. Then there is Kansas, which reportedly spent roughly $10M in legal fee to successfully defend its basketball program and Coach Bill Self against greater sanctions stemming from the Adidas recruiting scandal which led to federal criminal convictions for some of its participants. And now, as the NCAA has the University of Tennessee in its crosshairs related to a deal between quarterback Nico Iamaleava and collective Spyre Sports Group, the UT president is coming out hot in defense of its school. She sent a scathing letter to NCAA president Charlie Baker and is vowing to be "resolute in protecting the rights of our student-athletes and in upholding the integrity of our institution." There are a number of reasons one could point to for this change in response strategy: the weakening of the NCAA relative to its high profile member schools, its challenges and inconsistencies as an enforcement body, the financial stakes for the schools and coaches which make paying large amounts of legal fees viable, and the changing landscape of the rules where there is genuine confusion and lack of clarity which hardly seem like the time to come down on hard on schools trying to navigate the space in good faith. Whatever the reason, the transition is happening, and the NCAA needs to reestablish its credibility fast before it will no longer be in a position to enforce its own rules. Tennessee article: https://lnkd.in/gXMrU9mD Oregon article: https://lnkd.in/gedHrp5N Kansas article: https://lnkd.in/gQRcw478 #sportslaw #NCAA #NIL

Kirk Herbstreit: "...the Big Ten, it’s the SEC, the ACC and the Big 12 and whoever else – I think they should go form their own world. Create their own governing body. Get one voice, one commissioner, instead of everyone having to get in agreement – these guys don’t always feel comfortable with each other – get one voice." NIL Zone sees NIL marketplaces and #dataownership as the right business model for college sport, not just for Project D1 or the Power Five conferences. https://lnkd.in/grJsBifn