Category Archives: NCAA

If It’s In the Game …

This past week, the Third Circuit Court of Appeals’ decision in the case Ryan Hart v. Electronic Arts, Inc., Index No. 11-3750, paved the way for a showdown that could fundamentally change the way the National Collegiate Athletic Association (NCAA) goes about its business. In the case, Hart alleged that Electronic Arts (EA) had violated his right of publicity under New Jersey law by including his “likeness” in its video games NCAA Football 2004, 2005, and 2006. EA had previously won a motion…

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Was it Retaliation? Why New Jersey’s Whistleblower Statute May Pose More Problems for Rutgers University on the heels of the Mike Rice Scandal.

The Rutgers Basketball saga was early April’s big news. As most are aware, video recordings were made of basketball practices conducted by Head Basketball Coach Mike Rice which showed him using gay slurs toward his players and otherwise becoming physical toward them. The footage was given to Athletic Director Tim Pernetti in November 2012. Pernetti seemingly took the path of lesser resistance by suspending Rice for three days and levied a fine against him.  No further action was taken until the tape was made public…

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ACC Locks Down Members with Media Rights Deal

On April 22, 2013, the Atlantic Coast Conference (“ACC”) Counsel of Presidents voted to approve a grant of media rights through 2026-27.  Because the deal ensures that each school’s media rights for all home games would remain with the ACC regardless of the member institution’s exit from the conference, the move would make it almost financially impossible for member schools to leave.  The ACC is now the fourth league of the “power five” (which also includes the Big Ten, Pac-12, Big 12, and the SEC)…

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O’Bannon Lawsuit Could Change the Face of NCAA Athletics

Former UCLA basketball player Ed O’Bannon began his antitrust legal dispute against the National Collegiate Athletic Association (“NCAA”) back in 2009, when he sued the NCAA for wrongfully profiting off the likenesses of former student athletes in EA Sports video games.  The suit accuses the NCAA of forcing students to waive the right to make money off of their likenesses, a behavior which amounts to an illegal restraint of trade. In a new twist, in her January ruling, federal Judge Claudia Wilken permitted O’Bannon to…

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Penn State Taking Notable Steps to Implement Systemic Changes After Sandusky Scandal

Penn State is apparently making steady progress in incorporating the requirements mandated by the NCAA on the heels of the embarrassing Jerry Sandusky child sex abuse scandal.  Last month, former Senator George Mitchell (the third-party Athletics Integrity Monitor) stated that Penn State is implementing various campus-wide changes to address deficiencies which had rendered the University and its administrators partly culpable for Sandusky’s criminal actions. Mr. Mitchell recently detailed in a second quarterly report to the NCAA and Penn State (as required to be issued pursuant…

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NCAA Program Allows “Exceptional” Athletes to Hedge Against Loss of Future Earning Potential

“Prediction is Very Difficult, Especially about the Future” – Nobel Prize winner Niels Bohr may not have had sports in mind when he said this but, yes, predicting the future is hard and that is exactly what makes sports so exciting. Whether it’s the big, unexpected play with only seconds left on the clock or a Cinderella story at a National Championship – unpredictability is why we watch the game. Despite the difficulty, we like to predict the future of star athletes. One big question…

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NCAA Returns Favor, Files Lawsuit Against Pennsylvania Over Bill 187 Targeting Penn State Fines

In the continuing soap opera that has emerged from the Penn State child sex abuse scandal, the National Collegiate Athletic Association (NCAA) filed its own lawsuit in late February against Pennsylvania Governor Tom Corbett and state treasurer Rob McCord; auditor general Eugene DePasquale; and the chairman of the Pennsylvania Commission on Crime and Delinquency, Mark R. Zimmer. This suit comes just over one month after the Governor’s own lawsuit against the NCAA for the crippling sanctions-including a $60 million fine-the NCAA imposed on Penn State…

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The Fight Over Legalized Sports Betting Begins

In 1992, Congress passed the Professional and Amateur Sports Protection Act, 26 USC 3701, to ban sports gambling outside states where it was already established (Nevada, and to much lesser extents, Delaware, Montana and Oregon) as of the time of the statute. In 2012, the New Jersey State Legislature passed a law allowing for wagering on the outcome of sporting events at racetracks and at Atlantic City casinos, and Governor Chris Christie signed that into law. The four major North American sports leagues, plus the…

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New Jersey Enacts New Social Media Privacy Bill Affecting Student Athletes

In December 2012, New Jersey Governor Chris Christie signed into law “A-2879” which will have a direct impact on an the accessibility of student-athlete social media accounts (what the act terms “social-networking websites”) by employees at institutions of higher learning. The New Jersey bill prohibits any public or private institution of higher education in New Jersey from the following: (read the complete act by clicking here).

  • Requiring a student or applicant for admission to provide or disclose any username or password, or in any

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NCAA Botches Miami Investigation

The NCAA’s seemingly never-ending probe of the University of Miami football and basketball programs took a bizarre turn on Wednesday, as the governing body admitted that it improperly obtained information via the attorney of former booster, and convicted felon, Nevin Shapiro. The NCAA admitted to hiring Mr. Shapiro’s attorney, Maria Elena Perez, to depose witnesses in his bankruptcy case. The NCAA does not have subpoena power, and thus may have gained information that would not have otherwise been available through Ms. Perez’s representation of Mr.…

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