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 …

April 3, 2013 NCAA

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 …

March 6, 2013 NCAA

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 …

February 5, 2013 Legislation / NCAA

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

June 26, 2012 Antitrust

Supreme Court to Review Comcast Class Certification Appeal

The Supreme Court announced on June 25, 2012, that it will be reviewing the Third Circuit U.S. Court of Appeals’ decision in Comcast v. Behrend. The Court will limit its review to the question of “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.” Comcast sought the review, arguing that the plaintiff class does not have the …