Although the House settlement approaches the decision for final approval (hyperlink to https://blogs.duanemorris.com/sportslaw/2024/10/07/judge-wilken-grants-preliminary-approval-to-the-house-v-ncaa-settlement/), lawsuits between players, coaches, schools, and collectives continue to push forward. As outlined in our previous blog post, on May 31, 2024, University of Georgia quarterback Jaden Rashada filed a lawsuit against the University of Florida’s head football coach and a
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Judge Wilken Grants Preliminary Approval to the House v. NCAA Settlement
As discussed in our prior Alerts (including on June 6, August 1, and September 6, 2024), three major class action antitrust lawsuits brought against the NCAA: House v. NCAA, Hubbard v. NCAA, and Carter v. NCAA — all from athletes claiming the NCAA violates the Sherman Act—reached a preliminary settlement agreement that has been pending before U.S.…
Enforceability of NIL Deals on Center Stage
On September 24, 2024, University of Nevada, Las Vegas (“UNLV”) starting quarterback Matt Sluka announced that he would no longer play for the team this year because UNLV had not upheld certain off-the-field promises. Sluka stated in a social media post that: “I committed to UNLV based on certain representations that were made to me,…
The Future Structure of Private Equity Investment in College Sports
In recent years, private equity and other funding sources have been active in numerous industries, in particular healthcare. In light of the fewer restrictions on student-athlete compensation in intercollegiate athletics, National Collegiate Athletic Association conferences and member institutions are looking to private equity and other sources of capital to fund future student athlete compensation, as…
Judge Wilken Declines to Preliminarily Approve the House v. NCAA Settlement, and Raises Concerns over Third-Party NIL Payments
As reported in our prior Alerts (including on June 6, and August 1, 2024), the parties involved in three of the major class action antitrust lawsuits brought against the NCAA: House v. NCAA, Hubbard v. NCAA, and Carter v. NCAA — all from athletes claiming the NCAA violates the Sherman Act, conducted a fairness hearing on September 5,…
Florida State University Seeks Massive Cash Infusion from Private Equity Market
Private equity funds have shown an increasing willingness to enter into financial arrangements to fund college athletic departments in exchange for future revenue sharing opportunities in the wake of the House v. NCAA settlement. Private equity offers a life raft to cash-strapped athletic departments seeking to accumulate the financial resources necessary to pay off amounts…
Unintended Immigration Issues for International Student-Athletes Ability to Monetize Their NIL Rights
Name, image, and likeness (NIL) deals have unquestionably altered the landscape of collegiate sports and sparked a billion dollar market for student-athletes. This opportunity, however, does not extend equally to all student-athletes. Indeed, international student-athletes are essentially “sidelined” when it comes to many lucrative NIL deals as a result of the restrictions on their ability…
Houston Christian University Raises First Substantive Challenge to the House v. NCAA Settlement
Houston Christian University (“HCU”) recently moved to intervene in the potentially historic antitrust settlement between the NCAA and current and former college athletes. The proposed settlement involves the NCAA, conferences, and member schools paying $2.8 billion to college athletes to resolve alleged antitrust violations related to compensation to the athletes for their name, image, and…
NCAA Suspends Certain Transfer Rules in Light of Mounting Antitrust Pressure
The National Collegiate Athletic Association (NCAA) is suspending enforcement of certain rules against student athletes transferring between NCAA member schools as part of its proposed settlement of antitrust litigation brought by the Department of Justice and various state attorneys general in State of Ohio, et al. v. NCAA, No. 1:23-cv-00100 (N.D.W.V.). The NCAA will no…
$1 Billion Private Equity Investment in Big 12 Conference
The Big 12 Conference is in serious discussions with Luxembourg-based CVC Capital Partners (“CVC Capital”) to enter into the first major private equity investment deal with a Power Five Conference. At the moment, the deal appears to be structured where CVC Capital would provide the Big 12 with a cash infusion of anywhere between $800…