10 Updates

Judge Ordered Settlement Talks Should Be NCAA Last Stand In Athlete Rights Cases

Mar 6 2014, 12:00am CST | by

null For decades the NCAA has faced lawsuits that could shake the NCAA at its core. Most contain allegations of antitrust law violations that if proven, could change the way the NCAA contracts with...

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20 weeks ago

Judge Ordered Settlement Talks Should Be NCAA Last Stand In Athlete Rights Cases

Mar 6 2014, 12:00am CST | by

null For decades the NCAA has faced lawsuits that could shake the NCAA at its core. Most contain allegations of antitrust law violations that if proven, could change the way the NCAA contracts with student athletes, suppliers, and most importantly, television networks that bring billions to the NCAA, without which the NCAA could not exist as we know it.

In each instance, settlement has been a friend to the NCAA. In each case, the cases settled without an admission of wrongdoing. The plaintiffs, often student athletes without the staying power to pay for expert legal counsel, received a proportioned sum of money that was a mere cost of doing business for the NCAA, a very affordable fraction of the billions it receives from TV rights.  

This time may be different. In the case involving the rights of former and current student athletes to retain their rights to their own likeness, the trial is set for June 9th – a mere three months from now. None of the other settled NCAA cases were financed this long.

Second, and related to the above, no other cases have received as many favorable rulings from not one, not two, but three federal court orders, dismissing the summary judgment motions of the NCAA.

Third, never before has the NCAA faced court-ordered settlement talks after having lost its co-defendants (EA Sports) who partnered with them to exploit those players likenesses through video manufacturing and distribution.

The conflation of these circumstances leaves the NCAA in unfamiliar territory. It is without the double-barreled bargaining power that comes with the likelihood of outspending the opposition and the precedent of prior legal opinions. The legal avalanche is that teenagers who sign NCAA documents do not have a clear statement within it that they are giving away their rights to their likeness to the NCAA for life, with no right to receive a penny made from their likeness during their playing days.  

What is cascading down on the NCAA in the upcoming months is the need to offer more money than ever before if it wants to receive a settlement without an admission of wrongdoing. The offer will also likely need to include more than money. It will need to include institutional changes that are also unprecedented – i.e. at least more clarity as to exactly what rights are reserved to the athletes.

In effect, these NCAA settlement discussions represent the precursor to and functionally the equivalent of collective bargaining between employer and employees. This subject may be confined to only the intellectual property rights at issue in the cases. But I suspect, like many settlements that have class action proportions and relief requests that go beyond money damages, there will be other institutional concessions the NCAA will have to make this close to trial.

Stay tuned. The settlement talks will not be televised. But based 0n the current state of affairs, the settlement talks between the NCAA and plaintiff athletes will be more dynamic than at any time in the modern history of college athletics.

Source: Forbes Business

 
Update
10

7 weeks ago

RM47mil KWSG contributions still unclaimed

Jun 9 2014 7:54am CDT | Source: Business Times Malaysia

KUALA LUMPUR: About RM47 million of contributions in the Teachers Provident Fund (KWSG) still remain unclaimed, the Dewan ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
9

7 weeks ago

Gold shop lost almost RM1mil

Jun 9 2014 3:50am CDT | Source: Business Times Malaysia

KANGAR: A gold shop owner lost almost RM1 million after after the safe on in his shop was br ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
8

7 weeks ago

Motion to debate MAS losses in Dewan Rakyat rejected

Jun 9 2014 3:39am CDT | Source: Business Times Malaysia

KUALA LUMPUR: AN emergency motion to debate the losses incurred by Malaysia Airlines last year, amounting to RM1.2 billion was rejected by the Dewan R ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
7

7 weeks ago

MH370 Tragedy: Hisham: RM27.6 mil spent on 1st phase of SAR

Jun 9 2014 2:11am CDT | Source: Business Times Malaysia

KUALA LUMPUR: Malaysia spent some RM27.6 million in its first phase of the search operations for missing Malaysia Airline flight MH370, said Acting Transport Mini ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
6

7 weeks ago

9.1m litres of diesel seized in a month

Jun 8 2014 1:11am CDT | Source: Business Times Malaysia

PUTRAJAYA: The Domestic Trade, Cooperatives, and Consumerism ministry has seized some 9.1 million litres of diesel and property worth RM58 million since mounting ‘Operasi Diesel Selatan’ in the southern s ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
5

7 weeks ago

Girl, 9, awarded RM2.78m compensation for medical negligence

Jun 6 2014 4:56am CDT | Source: Business Times Malaysia

KUALA LUMPUR: A nine-year-old girl who suffered brain damage during her birth at a government hospital was awarded over RM2.78 million in com ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
4

7 weeks ago

Malaysia's total trade in April up 12pc

Jun 5 2014 11:52pm CDT | Source: Business Times Malaysia

KUALA LUMPUR: Malaysia's total trade in April 2014 rose by 12 per cent from a year ago to RM123.86 billion due to growing trading activities, International Trade and Industry Minister Datuk Seri Mustapa ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
3

7 weeks ago

Works Ministry to spend RM20m for upgrading works at 50 accident black spots

Jun 4 2014 11:35pm CDT | Source: Business Times Malaysia

JOHOR BARU: The Works Ministry will implement upgrading works at 50 accident prone locations in the country that have been identified this year involving an allocation of R ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
2

7 weeks ago

Najib launches loan scheme for Ramadan traders

Jun 4 2014 10:24pm CDT | Source: Business Times Malaysia

PUTRAJAYA: Prime Minister Datuk Seri Najib Razak today launches RM45 million Ramadan Bazaar Scheme ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
1

8 weeks ago

Residents bring up objection against Kidex to Suhakam

Jun 4 2014 4:49am CDT | Source: Business Times Malaysia

PETALING JAYA: A group of 20 Petaling Jaya residents held a meeting with the Human Rights Commission of Malaysia (Suhakam) over their objection against the proposed RM2.2 billion Kinrara Damansara S ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 

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