October 1, 2019 Legislation / NCAA / Sponsorships

California First State to Pay Student-Athletes

On September 30, 2019, California Gov. Gavin Newsom signed the Fair Pay to Play Act. Groundbreaking legislation and the first of its kind, this act will allow California student-athletes to earn compensation through endorsements or sponsorships.

As we have continued to report, the legislation – now law – comes on the heels of the heated debate across the country on whether student-athletes should be compensated for their services. California is now the first state in the country to allow student-athletes at the 58 member …

September 30, 2019 Basketball / Fraud / NCAA

All in the Family: Father of NCAA Corruption Convict Allegedly Fired for Soliciting $25,000 from Student-Athlete

Cleveland State University (CSU) has fired Lou Dawkins, the father of aspiring sports agent and convicted NCAA bribery conspirator Christian Dawkins, from his assistant basketball coach position for soliciting $25,000 from a student-athlete.

As we previously reported, Christian Dawkins and Adidas consultant, Merl Code, were convicted by a federal jury in October 2018 on fraud charges. Then, in May 2019, Dawkins and Code were convicted by another federal jury on conspiracy to bribe assistant college basketball coaches.

Dawkins is currently arguing for leniency in …

September 26, 2019 Labor & Employment / NCAA

New York Introduces Bill Entitling College Athletes to Ticket Sale Proceeds

New York Sen. Kevin S. Parker (D-Brooklyn) recently introduced a bill that would allow college athletes to become eligible to receive compensation.

The bill would allow college athletes to sign endorsements, but was recently amended to allow athletes to also enjoy a 15 percent cut of the income generated from ticket sales. This change comes after reports revealed Parker planned to add language that required schools to share 15 percent of all athletics revenue with athletes.

“At the conclusion of each school year, each college …

September 23, 2019 Antitrust / Legislation / NCAA / Sponsorships

Catching Fire: South Carolina Lawmakers to Follow California’s Pay-to-Play Bill

The passage of California’s Fair Pay to Play Act (SB-206) has sparked a movement among state legislatures on the east coast. South Carolina intends to join the fray.

South Carolina State Senator Marlon Kimpson says that he and South Carolina State Representative Justin Bamberg plan to introduce a bill that will permit college athletes to make money from the use of their names, images, and likeness. In addition to collegiate athletes earning a $5,000/year stipend, the bill will allow them the opportunity to earn money …

September 19, 2019 Basketball / Fraud / Litigation / NCAA

Key Witness in NCAA Corruption Trial Avoids Prison Time

Munish Sood, a crucial witness in the NCAA corruption cases, will avoid both prison time and probation, a federal judge ruled.

Sood, a New Jersey financial adviser, admitted to paying bribes to a variety of people involved in college athletics. Included are two former assistant coaches: Lamont Evans, of the University of South Carolina, and Emanuel “Book” Richardson, of the University of Arizona, who each pled guilty and faced three months of prison time.

Government counsel requested leniency at Sood’s hearing, with attorney Noah …

September 12, 2019 Antitrust / NCAA / Rights

California NCAA Athletes Inch Closer to Earning Compensation

As previously reported, a California bill that would allow student-athletes to be paid for their likenesses has cleared yet another legal hurdle.

The closely followed bill would allow college athletes to enjoy the capital gained from their name, images, and likeness. Under current NCAA rules, student-athletes are not permitted to accept payment for, or permit, “the use of his or her name or picture to advertise, recommend, or promote” the commercial sale of goods, or use their likeness to promote a service or product. …

September 12, 2019 Litigation / NCAA

NFHS Argues Paying Student-Athletes Will Erode School Spirit at All Levels

On August 23, 2019, the National Federation of State High School Associations (NFHS) asked the Ninth Circuit to grant leave and allow it to file an amicus curiae brief (non-party brief) in the Alston v. NCAA case. As we have previously reported, this case was brought by a class of college athletes in the wake of the O’Bannon decision, where a court held that NCAA rules prohibiting college athletes’ abilities to profit from their likenesses were anti-competitive.

O’Bannon held that compensation for college …

September 11, 2019 Litigation / NCAA

Ex-Penn State Doctor Alleges Football Coach Pressured Him to Clear Injured Players

A former Penn State football team doctor filed a lawsuit in Pennsylvania state court on August 23, 2019, alleging that the school’s football coach, James Franklin, pressured the doctor into clearing injured players and allowing them to return to the field. Allegedly, Dr. Scott A. Lynch reported Coach Franklin’s actions to various Penn State department heads. It was after he reported those actions, though, that Dr. Lynch was removed from two positions in Penn State’s athletic department in March 2019. In his lawsuit, Lynch is …

September 9, 2019 Labor & Employment / NCAA

Ninth Circuit Rejects Lamar Dawson’s Bid to Revive Lawsuit

On August 12, 2019, a panel of Ninth Circuit judges rejected Lamar Dawson’s bid to revive a proposed class action lawsuit, which claimed that the NCAA and Pac-12 Conference improperly denied student-athletes minimum wage and overtime. In their ruling, the panel noted that the Pac-12 and NCAA did not provide Dawson, a former University of Southern California linebacker, with a scholarship or have the power to hire or fire him and, thus, they were not his employer, nor was he their employee. According to Chief …

September 3, 2019 Class Actions / Concussions / NCAA

NCAA $75 Million Settlement Gets Final Approval with $14 Million in Fees

On August 12, 2019, U.S. District Judge John Lee granted final approval to a $75 million settlement and awarded more than $14 million in attorney fees. As we have continued to report, the suit began in 2011 when former Eastern Illinois football player, Adrian Arrington, and three others, sued the NCAA because they suffered from seizures, which were a byproduct of repeated head trauma.

Of the $75 million settlement initially approved by Judge Lee in July 2017, $70 million of the settlement will go …