Name, Image, and Likeness (NIL) Update: NCAA transformation and student-athlete unionization, what attorneys should know now
Lewis Brisbois Bisgaard & Smith
John Long is a partner in the Houston office of Lewis Brisbois and a member of the Labor & Employment Practice. He has more than 10 years of experience in collegiate sports law as a former university NCAA compliance officer and private practitioner.
Gregg E. Clifton
Lewis Brisbois Bisgaard & Smith
Gregg E. Clifton is a partner in the Phoenix office of Lewis Brisbois and a member of the Entertainment, Media & Sports Practice. Gregg has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues.
On-Demand:August 17, 2022
$195.002 hour CLE
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Session I - NCAA Transformation and the Future of NIL – John G. Long
The presentation will address the efforts of the NCAA transformation committee and its impact on the reconfiguration of college athletics. Additionally, the presentation will address the present and future of enforcement of student-athlete name, image, and likeness agreements, including an update on internal NCAA enforcement, state law activity and potential federal legislation regarding NIL rights.
Key topics to be discussed:
The intersection of Alston, antitrust law, and NIL regulation
Third party involvement in name, image and likeness agreements, including institutional “collectives”
The impact of NCAA “transformation committee” efforts on college athletics regulation and the decentralization of NCAA governance
State and Federal legislative activity regarding NIL rights
Session II - Student-Athlete Unionization – Gregg E. Clifton
On this portion of the seminar, we will discuss the potential recognition that student-athletes can have as employees. Join Lewis Brisbois’s Gregg Clifton as he discusses the labor board, meaning behind student-athlete employees and obtaining that status through litigation. The impact that current NIL laws and NIL status could have on these issues will be discussed as well.
Key topics to be discussed:
The Potential Recognition of Student-Athletes as Employees
The Potential for Student-Athlete Employee Status Through Litigation
The impact of NIL laws and NIL status
Date: November 21, 2022
John Long | Lewis Brisbois Bisgaard & Smith LLP
John Long is a partner in the Houston office of Lewis Brisbois and a member of the Labor & Employment Practice.
He has more than 10 years of experience in collegiate sports law as a former university NCAA compliance officer and private practitioner.
John’s practice is exclusively focused on counseling institutions, athletics conferences, affiliated corporations and individuals in collegiate sports law matters, including those involving NCAA infractions, NCAA compliance and Title IX. He conducts investigations, provides advice and counsel, and he appears before NCAA committees on behalf of his clients. John has vast experience representing institutions in cases before the NCAA Committee on Infractions, Infractions Appeals Committee and NCAA Committee on Academics. Additionally, he is deeply experienced in providing advice and counsel to institutions and affiliates regarding legislative relief waivers, the NCAA Academic Performance Program, Gender Equity concerns and in conducting compliance reviews.
John is a published author on subjects concerning NCAA compliance and he frequently presents on sports law topics.
While attending Marquette University Law School, John earned the National Sports Law Institute’s Certificate of Sports Law and was published in the Sports Lawyers Association Journal. He was also a member of the Marquette Sports Law Review.
Gregg E. Clifton | Lewis Brisbois Bisgaard & Smith LLP
Gregg E. Clifton is a partner in the Phoenix office of Lewis Brisbois and a member of the Entertainment, Media & Sports Practice.
Gregg has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. Gregg serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Gregg has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.
Prior to joining Lewis Brisbois, Gregg spent six years as chief operating officer and vice president of Team Sports for Gaylord Sports Management. He also served as president of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.
Gregg continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.
Gregg frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University, and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is often called upon by national news media as a source for his commentary and opinion on legal issues in sports.
Session I – NCAA Transformation and the Future of NIL | 2:00pm – 3:00pm
The intersection of Alston, antitrust law, and NIL regulation | 2:00pm – 2:15pm
Third party involvement in name, image and likeness agreements, including institutional “collectives” | 2:15pm – 2:30pm
The impact of NCAA “transformation committee” efforts on college athletics regulation and the decentralization of NCAA governance | 2:30pm – 2:45pm
State and Federal legislative activity regarding NIL rights | 2:45pm – 3:00pm
Break | 3:00pm – 3:10pm
Session II – Student-Athlete Unionization | 3:10pm – 4:10pm
The Potential Recognition of Student-Athletes as Employees | 3:10pm – 3:40pm
The Labor Board
How the General Counsel of the NLRB Plans to Change the Status of Student-Athlete
She Lacks Unilateral Authority to Make Change
Unfair Labor Practice Charges Needed to Accomplish Goal
Two Charges Currently Pending-Discuss Significance of the ULP’s and Who Filed the Charges
The Status of the Charges-The NLRB Process-What’s involved in Making Student-Athletes Employees Under the National Labor Relations Act
What Student-Athletes Employees Would Mean
Covered and Protected by the NLRA
Right to File ULPs
Right to Unionize
Right to Strike
Employment contracts with their universities
The Potential for Student-Athlete Employee Status Through Litigation | 3:40pm – 4:10pm
Johnson et al v. NCAA et al-currently pending in U.S. District Court for Eastern District of Pennsylvania
What are the plaintiffs seeking? Employee status
Significance of case-Motion to Dismiss denied
History of prior cases-why is this case potentially different
Where are we headed?
Do current NIL laws and NIL status have any impact on these issues?