Mark C. Palmer’s Post

Check out this article on #NIL and reach out with any questions!

In addition to his recent sit down with Charlie Baker, Chuck Todd of Meet the Press also discussed the current state of college athletics with Senators Corey Booker and Richard Blumenthal. As always, #NIL was a topic and Booker and Blumenthal discussed their draft bill that would preempt state NIL laws. But as both Senators acknowledged, the legal issues currently facing college athletics go well beyond NIL. Booker went so far as to say college athletics is “in crisis.” Which is one of the NCAA’s talking points. But college athletics as an entity is doing great. Fan interest and tv viewership are up. And the revenue being produced is at an all time high, with an additional billion per year coming into the system just from the expanded College Football Playoff. What Booker should have said is that the current model is in crisis. A model that heavily relies on the labor of FBS football players and Division I basketball players to fund the entire system (including orbitant salaries for many), but prohibits those athletes from directly sharing in the revenue they produce is no longer tenable, both legally and morally. College athletics will be fine. It’s that model that won’t survive much longer. #nameimagelikeness #collegeathletics #collegeathletes #ncaa #sportslaw https://lnkd.in/g-M22HYF

"The five autonomy conferences and the NCAA agreeing to settlement terms is an important step in the continuing reform of college sports that will provide benefits to student-athletes and provide clarity in college athletics across all divisions for years to come" 😂 🙄 AND PROVIDE CLARITY: 1. Employees or not 2. Can the cap be circumevented 3. How does a newly imposed Salary Cap not violate Anti-Trust Laws 4. Will athletes opt in 5. How if at all does Title IX apply 6. Why are non-P4 programs paying 60% vs. P4 at 40% 7. Media rights valuations 8. What protections, if any, are provided for future lawsuits 9. Who was this collectively bargained with 10. Conflicts of Interests everywhere (university level, athlete level, conference levels, P4 vs. G5 vs. FCS) Anything but CLARITY!!!! #NIL #nameimagelikeness #ncaa #revenueshare #housesettlement https://lnkd.in/eW7wJUmW

Tamenang Choh and Grace Kirk are former Brown University basketball players. Last year they filed a lawsuit alleging that Ivy League schools violate antitrust law by not allowing athletic scholarships and other compensation for their athletic services. Their lawsuit has now become an important part of the proposed House v NCAA settlement, as today Choh and Kirk filed an opposition to preliminary approval of the House settlement. They argue that their claims challenging the Ivy League rules are being improperly released by the House settlement, because they are being released without adequately being redressed and without adequate representation. As a result, they are asking that their claims be carved out of the settlement and that their lawsuit be allowed to continue. They are expressly not challenging the part of the settlement that relates to #NIL damages claims. I expect we’ll see a similar opposition from the plaintiffs in Fontenot v NCAA and Cornelio v NCAA (which was filed this week). I also expect to see an opposition/objection at some point from individuals who are future college athletes, based on those individuals not being adequately represented in House. #ncaa #nameimagelikeness #collegeathletes #collegeathletics #sportslaw

Several important bills protecting the “name, image and likeness” (NIL) rights of college athletes are currently under consideration and review in Congress. Learn more: https://lnkd.in/dFhGB6Nk By: Albert J. Soler #NCAA #collegeathletics #collegeathlete #intellectualproperty

This article brings up interesting points about NIL and college athletes, which is a fast-changing area.

The Justice Department's decision to join the civil antitrust lawsuit against the NCAA's Transfer Eligibility Rule is a commendable step towards addressing the unreasonable restrictions placed on college athletes. The amended complaint rightly points out that these restrictions not only impede athletes' freedom to transfer between academic institutions but also curtail their educational opportunities. By aligning with the states and the District of Columbia, the Justice Department sends a strong message that anti-competitive practices limiting college athletes' mobility and bargaining power will not be tolerated. The alleged violations of the Sherman Act, especially concerning men’s and women’s Division I basketball and Football Bowl Subdivision (FBS) football, underscore the broader impact on the markets for athletic services. This move signifies a commitment to prioritizing athletes' academic, personal, and professional development needs over-restrictive rules that sacrifice a year of athletic competition. https://lnkd.in/e5NHPDvC

This is the best article I have found that breaks down the recent House settlement that has already sent ripple effects through the athletic world in the United States. It breaks down all the important information for athletes, coaches, administrators, boosters, collectives, and fans. Little opinion, just facts and potential roads ahead for college athletics. I think it is far too early to throw out "takes" on how the House settlement will positively/negatively impact collegiate athletics and higher education. I would highly discourage listening to anyone who is proclaiming this as either "the end of collegiate sports" or "the best thing ever for collegiate sports". Neither statement is likely true. It's far too early to know the impact this settlement and any future litigation will have, so for now, I will say it's not going to be "good" or "bad", just different. I do think interesting discussions can spring from this. How will the potential impact to certain sport programs affect the future of the sports at the next level in the USA (ie professional leagues and Olympic teams)? How will institutions, athletic departments, and conferences respond to the latest settlement? What future litigation could arise still? How does this impact athletics beyond the college level (both youth and professional)? https://lnkd.in/gSSNdfjR

A new antitrust class action lawsuit, Carter v NCAA, has been filed against the NCAA and the Power 5 conferences. This case goes farther than the pending House v NCAA case and attacks the NCAA’s rules that restrict conferences and schools from compensating athletes for their athletic services. House is only about rules relating to #NIL compensation. The lawsuit seeks an injunction that prevents the NCAA from enforcing its no “pay for play” rules, and damages for the compensation that P5 football and men’s and women’s basketball players who played from December 2019 to the present would have received in the absence of those rules. A quote from the complaint: “These draconian, collusive rules prohibit what the NCAA refers to as ‘pay-for-play,’ but what anyone else would call market-value compensation. In college sports, only the athletes are treated as ‘amateurs.’” This lawsuit was very foreseeable. And it’s why the NCAA was/is still seeking an antitrust exemption. Until college athletics admits what some of its sports are (professional athletics), and crafts a model to reflect that, its legal problems are going to continue. Half measures (like Charlie Baker’s proposal earlier this week) that try to maintain the current model and structure aren’t going to work legally. People need to think much bigger and almost start from scratch. #collegeathletics #collegeathletes #ncaa #sportslaw

In today’s #FMG blog, Noël Couch discusses the recent multi-billion-dollar settlement in the federal antitrust lawsuits against the #NCAA (National Collegiate Athletics Association). The proposed settlement agreement requires the NCAA to pay damages over ten years to past and current college athletes who were prohibited from marketing and profiting from their name, image, and likeness. Click below to read the full story! https://lnkd.in/enb_RUsj #FMGlaw #employmentlaw #laborandemploymentlaw #collegeathletics #TitleIX