This program was made possible by support/contributions to plaintiffs’ counsel by Mark Emmert.

Shot.

Chaser.

That this is reality now is only thanks to the NCAA’s strategic blunder to appeal the Alston case to the Supreme Court.  That decision may not be as doomed as getting involved in a land war in Asia, but it’s close.  Well played, Mark.

14 Comments

Filed under See You In Court, The NCAA

14 responses to “This program was made possible by support/contributions to plaintiffs’ counsel by Mark Emmert.

  1. I’m not a general counsel, an attorney or a CEO, but I knew the Supremes were going to crush the NCAA. Mark Emmert and Donald Remy made a strategic blunder to take the case to the SCOTUS. They lost all authority to govern NIL as a result. No way are they going to get their antitrust exemption in the current environment in Congress.

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  2. In the face of judgements the NCAA will file for bankruptcy in 3…2…1…

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    • ericstrattonrushchairmandamngladtomeetyou

      Is a judgment in favor of players against the NCAA dischargeable in bankruptcy? Not if it is for an intentional act, like fraud. Methinks also that the NCAA has sufficient assets to cover even an enormous judgment. A bankruptcy might blow up in Emmert’s face too.

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  3. ericstrattonrushchairmandamngladtomeetyou

    I heard one of the ESPN talking heads raise the spectre of anti-trust last night about the proposed merger of Texas and OU with the SEC. The NCAA has no anti-trust exemption but neither does the SEC. Ponder on that Bluto.

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    • I assume this dude isn’t an antitrust attorney, but just plays one on TV.

      At the moment, the SEC isn’t a monopoly in the way the NCAA has been with regard to amateurism. It competes with other conferences.

      So, my pondering says nah.

      Liked by 2 people

      • 69Dawg

        Good pondering.

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      • ericstrattonrushchairmandamngladtomeetyou

        FWIW I agree with your analysis Senator and not the ESPN talking head. After all, when Sirius and XM merged the US Justice Department Antitrust Division approved the merger, even though those were the only two satellite radio broadcasters, saying that they still had competition from regular radio.

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  4. miltondawg

    This case to me will be far more interesting than Alston. This case will be much more about the level of judicial activism or judicial restraint that the court feels is necessary to either dismantle the NCAA or to prevent that from happening. I think that the relief sought to prevent NCAA limits on NIL compensation is probably going to granted and NIL is largely going to be a state issue going forward. But if the court grants damages (which, if sought through antitrust, is treble) based on what athletes would have earned in NIL had it not been prohibited and a cut of the TV money, that might effectively be the end of the NCAA unless Congress before this winds it way through the system grants some form of antitrust exemption. The damages piece though is the key. Retroactive damages, which are speculative when it comes to NIL, might be a bridge too far for the courts (and the TV deal requires that the court would have to assume that the players were organized to the extent that they had a deal structure in place with conferences as to the cut going to the players [at least in football]). Again, I think it all comes down to the level of judicial activism the court takes. I could see a scenario where the court rules that the NCAA can’t restrict NIL beyond certain things like prohibiting straight pay-for-play and players, if organized, having the right to a cut of the TV deals in the future. Which then immediately throws things back to the discussion of players in college being labor and allowed to organize as such or student athletes. Whatever happens, this case has the potential to be far more earth shaking for college athletics than Alston.

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  5. ASEF

    I figure these cases will wind their way to a win just about the time all the money has separated itself from the NCAA, leaving House with a penniless debtor.

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  6. 69Dawg

    When will the first University grant rights to the athletes to use the schools logo’s etc. in their NIL gigs. I think it is cutting off their nose to spite their face to not allow it, not to mention the recruiting advantages in all sports. The schools aren’t making enough money already, they have to nickel and dime the kids. Upon reflection, maybe the school needs to ok each LOGO use prior to use, to make sure the kids aren’t going to use the NIL for something questionable.

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