Andrew King

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Tennessee and Virginia Are Challenging NCAA NIL Restrictions

A new lawsuit was filed on January 31, 2024, that could significantly impact the NCAA’s ability to regulate Name, Image, and Likeness (“NIL”) in collegiate athletics.  Filed by the Attorneys General of Tennessee and Virginia in the U.S. District Court for the Eastern District of Tennessee[1], the lawsuit challenges certain NCAA restrictions of NIL payments … Continue Reading

New Lawsuit Addresses Eligibility Concerns for US Collegiate Athletes

It has been over two years since the National Collegiate Athletic Association (“NCAA”) lifted its prohibition on college athletes being able to profit from their name, image, and likeness (“NIL”). When people traditionally think of NIL, they think of student athletes at the collegiate level receiving payment for their likeness. However, collegiate athletes are not … Continue Reading

How Schools and Private Entities Have Engaged in NIL Activity

Now that a regulatory framework is in place, either by way of the NCAA’s interim policy or through the various state laws discussed in the second iteration of this blog series, academic institutions and private entities, such as alumni and companies, have quickly engaged in the NIL space. This final post of our three-part blog … Continue Reading

How US Federal and State Legislatures Have Addressed NIL

As discussed in part one of this blog series, the landmark decision by the United States Supreme Court in the Alston case effectively paved the way for collegiate athletes to profit from their own name, image, and likeness (“NIL”). While many states quickly enacted legislation addressing NIL, it remains to be seen whether and how … Continue Reading

Name, Image, and Likeness in US College Athletics: One Year Later

In the United States, college athletics are as popular as professional sports, generating revenues of over $1 billion for the 2021 fiscal year. Despite this popularity, college athletes have long been classified by the National Collegiate Athletic Association (“NCAA”) as having amateur status. The NCAA—which promulgates the rules and regulations pertaining to student-athletes’ participation and … Continue Reading

Controversy in Horse Racing: A Race to Lift a Suspension

The crown jewels of American thoroughbred horseracing are the Kentucky Derby, Preakness Stakes, and the Belmont Stakes.  Together, they are known as the “Triple Crown,” and winning all three in a single year—an immensely difficult feat—is the pinnacle of horseracing in the United States. Robert Baffert, a seven-time Kentucky Derby winner, is one of only … Continue Reading

United States District Court Delivers RKO as Motion for Summary Judgment is Dismissed

A recent United States district court decision on copyright infringement has brought the issue of recreation of tattoos in video games back into the spotlight, and has cast doubt on an earlier ruling from another district court in a different judicial circuit. The gravamen of the case was the digital depiction of five tattoos on … Continue Reading

Victory for Opponents of the Pro/Rel Model: the Court of Arbitration for Sport Determines There is No Obligation to Implement Pro/Rel in the United States   

Last month, the Court of Arbitration for Sport (“CAS”) handed down a decision in a case of significant import for professional soccer in the United States.[1]  At issue was whether FIFA’s rules and regulations require the implementation of promotion and relegation in the United States’ soccer hierarchy. After a protracted dispute that involved numerous briefs, … Continue Reading

Trademark Showdown: Inter Milan and Inter Miami Battle over the Rights to “Inter”

America’s top-flight soccer league, Major League Soccer, is set to begin regular-season play on February 29, 2020.  Excitement among American soccer fans is palpable, due in no small part to the debut of two new clubs beginning their inaugural seasons: Nashville SC and Inter Miami CF. While both clubs represent equally the continued growth of … Continue Reading
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