New Jersey Assembly Panel in Favor of Student-Athlete Endorsement Deals

The New Jersey Assembly Higher Education Committee voted in favor of the New Jersey Fair Play Act on March 5, 2020. The bill would permit college athletes within the state of New Jersey to receive compensation for endorsement deals. The panel voted 2-4 to advance the legislation, which would ultimately take effect in five academic years after its enactment.

If signed into law, the New Jersey Fair Play Act would ensure the right of student-athletes to make money off of their name, image, and likeness …

February 10, 2020 Litigation / NCAA

Hazing Gone Wild: Failure to Stop Football Team Hazing, Penn State Sued

On January 13, 2020, former Penn State football player Isaiah Humphries filed a complaint in the U.S. District Court for the Middle District of Pennsylvania against teammate Damion Barber and head coach James Franklin. Humphries alleges that he and some of his teammates were subjected to harassment, sexual hazing, and abuse at the hands of Barber and other upperclassmen teammates In addition, Humphries states that the coaching staff was aware of the hazing and did nothing to stop it.

Humphries’ complaint states that, on multiple …

February 5, 2020 NCAA / Sponsorships

NCAA Agrees: Student-Athletes Can Receive Funding for Olympic Training

The NCAA has determined that elite collegiate athletes may receive funding for Olympic training without risking their eligibility under the organization’s amateurism rules.

The Division I Counsel, a 40-person committee that oversees the NCAA, came to this decision at the NCAA 2020 Convention in Anaheim, California. As we have previously reported, the NCAA’s rules of amateurism currently prohibit college athletes from being financially compensated for their athletic performance. However, in a slight modification to this provision, the Division I counsel decided that elite …

January 23, 2020 Antitrust / NCAA

Just When You Thought It Was Over: 9th Circuit Seeks More Information from Athletes and NCAA

Previously, it was reported that U.S. District Court Judge for the Northern District of California, Claudia Wilken, handed a limited win to college athletes in the Shawne Alston, et al v. NCAA, et al case. Judge Wilken ruled that the NCAA cannot limit compensation or benefits “related to education.”

However, the plaintiffs were seeking to invalidate caps on all forms of compensation. In their quest, they appealed Judge Wilken’s ruling to the U.S. Court of Appeals for the Ninth Circuit. On Jan. 6, 2020, the …

January 14, 2020 Class Actions / Litigation / NCAA

Federal Judge Rejects Amended Complaint in Ohio State Sexual Assault Case

A federal judge overseeing a sexual assault lawsuit against The Ohio State University (OSU) has denied the plaintiffs’ motion to amend the complaint for the time being, stating that the parties need to focus on mediation.

Hundreds of former athletes and others have filed lawsuits against OSU, alleging that university doctor Richard Strauss, now deceased, sexually abused or assaulted them. In May 2019, law firm Perkins Coie LLP released an investigative report concluding that Strauss sexually abused at least 177 men during his tenure at …

January 10, 2020 NCAA

Instant Impact: Why Former UGA Standout Cade Mays Will Likely Receive Transfer Waiver to Play in 2020

As astutely pointed out by Rustin Cohle in True Detective, “time is a flat circle. Everything we have done or will do, we will do over and over and over again – forever.” For any fans of college football, this certainly rings true as it pertains to NCAA transfers.

This week, prominent University of Georgia sophomore offensive tackle Cade Mays entered into the infamous transfer portal, and all signs point to his instant enrollment at the University of Tennessee. Georgia is no stranger to …

January 8, 2020 Antitrust / Legislation / Litigation / NCAA / Sponsorships

NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases.

After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model.

In addition to new laws and proposed legislation, the NCAA …

December 17, 2019 Contract / Litigation / NCAA

It’s All About the Benjamins: Ex-Kansas Head Coach’s Breach of Contract Suit

David Beaty, former head coach of the Kansas University (KU) Jayhawks football team, has filed a breach of contract lawsuit against the university. KU hired Beaty in December 2012, where he initially received an annual salary of $800,000 on a five-year contract. Following the 2016 season, Beaty received a two-year extension with a $1.8 million annual salary. The contract stipulated a payout, worth approximately $3 million, if KU terminated Beaty without cause.

Notably, the payout was not linked to Beaty’s salary. In 2018, KU hired …

December 16, 2019 Legislation / NCAA

New Jersey State Assembly’s Not-So-Flowery Debate on Student-Athlete Pay

New Jersey is the latest state to advance a student-athlete pay-for-play bill. On November 14, 2019, New Jersey State Assemblywoman Lisa Swain and Assemblyman P. Christopher Tully introduced Assembly Bill 5863, or the New Jersey Fair Play Act.

Previously, we reported a slate of states, including California, passed or introduced student-athlete compensation bills. Like many of those bills, the New Jersey bill will allow student-athletes to earn compensation using their name, image, or likeness. However, some New Jersey State Assembly members voiced their concerns with …

December 12, 2019 Legislation / NCAA / Sponsorships

An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia.

As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools …