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Name, Image & Likeness: New Class Action Could Determine Whether NIL Activities Are Subject To US Federal Law Prohibiting Sex Discrimination In Education

Women’s sports are on the rise, and so are the conversations regarding Name, Image, and Likeness (“NIL”) in connection with women athletes.  NIL activities have created an exciting new area for college athletes, and with that the importance of equity in opportunities and support for women’s teams.  The legal framework of NIL is evolving on … Continue Reading

All I Want for Christmas is Effective Sports Governance

At the start of this year, following his appointment as Chair of the UK’s Department for Culture, Media, and Sport (“DCMS”), Damian Green MP put sports governance firmly on the agenda. This commitment came after the publication of the Whyte Review in June 2022 (the “Review“), which was an independent report into allegations of mistreatment … 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

Crossing The Line: Criminal Liability On The Field Of Play

Introduction In February 2023, as discussed in a previous blog article, an amateur rugby player was held liable by the English civil courts for injuring an opposition player “without any regard for [their] wellbeing or safety… and intent only on exactly revenge”.[1] Given the nature of the offending ‘tackle’ (which rendered the claimant paraplegic and … Continue Reading

Women’s Sports on the Rise

The 2023 NCAA Division I Women’s Basketball national championship averaged 9.9 million viewers, becoming the most-watched women’s college basketball game and ESPN platforms’ most-viewed college basketball game (men’s or women’s) on record, and it was not even playing in a prime-time slot. This shows a tidal shift in the interest and growing opportunity in women’s sports, and … Continue Reading

On icy ground: Kamila Valieva and the challenge of pleading “no fault or negligence” in anti-doping cases

Introduction On 21 February 2023, the World Anti-Doping Agency (“WADA”) issued a statement confirming that it was appealing the decision of the disciplinary tribunal of the Russian Anti-Doping Agency (“RUSADA”) in the case of Kamila Valieva to the Court of Arbitration for Sport (“CAS”). Although the full decision has not been published, the RUSADA tribunal … Continue Reading

On-field Negligence in Sport: The English High Court rules in Czernuszka v King

On 23 February 2023, the English High Court ruled that amateur rugby player Natasha King had been negligent when she executed a “tackle” on opponent Dani Czernuszka “without any regard for the well-being or safety of the [latter] and intent only on exacting revenge” during a women’s developmental match.[1]  As such, Ms King (the Defendant) … 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

‘Is Football the Same Without Fans?’: Valuable lessons when negotiating broadcasting agreements

Last month, it was reported that the value of the overseas broadcasting deals entered into by the English Premier League (‘EPL‘) nudged past the £5 billion threshold for the 2022-25 rights cycle, whilst also surpassing the value of domestic deals for the same cycle for the first time. Given these substantial investments, it is no … Continue Reading

Disqualified For Technical Breach Despite No Advantage: The Cautionary Tale Of A Rally Driver

This article was written for and first published by LawInSport. While nearly all of the column inches relating to recent FIA stewarding decisions have (unsurprisingly) focused on the fall out of the ‘Hamilton v Verstappen’ F1 2021 season finale, an interesting recent decision1 in the FIA World Rally Championship (WRC3)2 underlines just how impactful decisions in the fast-paced world of … Continue Reading

The FA v Marc Bola

On 3 September 2021, The FA announced that Marc Bola (“the Player”), of Middlesbrough FC, had been charged with misconduct for an alleged Aggravated Breach of the FA Rules, 2021/2022 (“the 2022 Rules”), rules E3.1 and E3.2 (“the Charge”). The Charge related to a Tweet the Player posted from his Twitter account on 14 April … Continue Reading

The Jump Off: Two Equestrian Leagues Continue To Go Head To Head

The equestrian sport of show jumping takes place across the world, attracting an ever-increasing media profile.  It therefore comes as little surprise that event organisers have sought to ride the wave of the sport’s growing interest and publicity by seeking to establish various new show jumping competitions. Two such leagues are Major League Show Jumping … Continue Reading

Andre Onana and UEFA’s Anti-Doping Regulations – A Cautionary Tale

Introduction Andre Onana, the first team goalkeeper for AFC Ajax (“Ajax”) and the Cameroon national team played his first competitive match for over nine 9 months on 13 November 2021, when he started for Cameroon in a 4:0 victory over Malawi in a FIFA World Cup Qatar 2022 African Qualifier. Prior to this match, Onana had … Continue Reading
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