NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation. The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the…
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NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation. Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move…
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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…
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The Battle for Student-Athlete Pay Rages: New York Joins the Movement

California’s state legislature passed The Fair Pay for Play Act (SB-206), which is designed to allow student-athletes to earn compensation through the use of their name, image, and likeness. Previously, we reported that two South Carolina state lawmakers intend to introduce a similar bill. On September 23, 2019, the Empire State joined the movement after New York State Sen. Kevin S. Parker introduced a bill similar in language to the bill California recently passed. Parker believes this is about equity. He understands that student-athletes are…
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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…
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California Prepared to Battle the NCAA Over Pay-to-Play

The California Senate unanimously voted to pass the California Assembly’s version of the Fair Pay to Play Act (SB-206) on September 11, 2019. The bill will allow student-athletes to earn compensation through endorsements or sponsorships. If signed by California Gov. Gavin Newsom, the bill would take effect January 1, 2023. If the governor does nothing, or he does not veto the bill, then the bill becomes law. Paying student-athletes for use of their name, image, and likeness contradicts current NCAA rules and regulations regarding student-athlete…
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Collision Course: California’s Pay-to-Play Bill Takes Aim at NCAA

On September 9, 2019, the California State Assembly voted 66-0 to pass an amended version of the Fair Pay to Play Act. The bill now moves back to the state senate for a vote, which is likely to pass, putting the state on a collision course with the NCAA over its rules prohibiting student-athletes from being compensated for use of their name, image and likeness. Previously, we reported that the California State Senate voted to pass the Fair Pay to Play Act (SB- 206) to…
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Potential New Tax Law Would Allow NCAA Athletes to Profit From Their Image

On March 14, 2019, Rep. Mark Walker (R-N.C.) introduced a bill that would allow NCAA athletes to profit from their image and likeness. The Student-Athlete Equity Act, which is co-sponsored by Rep. Cedric Richmond (D-La.), would amend the definition of an “amateur” in the federal tax code and would allow NCAA student-athletes to get paid when they, or more specifically their image, appears in video games, advertisements, and other public media. In a statement, Rep. Walker said, “Signing an athletic scholarship with a school…
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NYS Gaming Commission Approves of Regulation which Permit Sports Betting at State Casinos

On February 4, 2019, the New York State Gaming Commission approved a proposed set of regulations, which would allow four New York State casinos to operate, and permit, in-person sports betting. According to one a member of the New York State Gaming Commission, “[t]he proposed regulations seek to protect the integrity of wagering and ensure the sports wagering remains within the scope of activity the legislature authorize.” Aside from the typical standards for operating sports betting, the proposed regulations layout a framework for how…
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Congress Enters Sports Gambling Arena: Proposes Nationwide Legislation

Sports and Entertainment Law Insider has been providing analysis of sports gambling since the topic emerged several years ago. In 2018, legislative interest in sports gambling rose to the forefront when the Supreme Court ruled the Professional and Amateur Sports Protection Act was unconstitutional and overturned the ban on commercial sports betting. The ruling opened the door for states to legalize and regulate the gambling industry within their borders. Since that time, states have introduced or reintroduced legislation related to the legalization of sports gambling,…
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