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Student-Athletes to Receive Compensation for Their Names, Images, and Likenesses: Legal update on recent legislation and the Ninth Circuit ruling

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CLE credits earned: 1 General Credit (WA 1 Law and Legal)

The NCAA’s rules restricting compensation for student-athletes have been repeatedly challenged under the antitrust laws. Courts have generally found the NCAA cannot lawfully restrict education-related benefits but can restrict other forms of compensation because these restrictions preserve the amateur status of college athletes, which ostensibly drives demand for college sports (i.e., serves a pro-competitive purpose). But this justification will be put to the test by recent legislation passed by several states, which permits student-athletes to receive compensation for their names, images, and likenesses. If these laws go into effect and demand for college sports does not decrease, then the NCAA will struggle to defend its rules against future antitrust challenges.

Key topics to be discussed:

• The NCAA’s rules restricting student-athlete compensation violate the antitrust laws absent a pro-competitive justification.
• Courts have consistently permitted restrictions on non-education-related compensation, finding these restrictions serve the pro-competitive purpose of protecting the amateur status of college athletes.
• Recent legislation passed by several states will challenge whether demand for college sports is tethered to the amateur status of its athletes; if not, the NCAA will struggle to defend its rules against future antitrust challenges.

Date / Time: July 22, 2020

•   2:00 pm – 3:00 pm Eastern
•   1:00 pm – 2:00 pm Central
•   12:00 pm – 1:00 pm Mountain
•   11:00 am – 12:00 pm Pacific

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Original Broadcast Date: July 22, 2020

Timothy LaComb | MoginRubin LLP

Timothy LaComb is an Associate at MoginRubin LLP whose practice focuses on antitrust, unfair competition, and complex business litigation. Prior to joining MoginRubin, Tim was an Associate at Robbins Geller Rudman & Dowd LLP where he helped secure several multi-million-dollar recoveries for shareholders in merger-related class action litigation. Tim earned his J.D. from the University of Wisconsin School of Law, where he was on the Dean’s List and a member of the UW Law Moot Court Board, and earned his B.A. in Economics from the University of San Diego.

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I. Summarize the NCAA’s rules restricting compensation and how they are analyzed under an antitrust framework. 2:00-2:15
II. Briefly recap significant decisions that discuss whether the NCAA rules restricting compensation violate the antitrust laws. 2:15-2:30
III. Describe recent legislation passed by several states that permits student-athletes to receive compensation for use of their names, images, and likenesses. 2:30-2:45
IV. Discuss how these laws could influence the NCAA’s ability to restrict student-athlete compensation moving forward. 2:45-3:00