SportsWise: A Podcast About Sports and the Law

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On this episode, we tackle the recent Third Circuit decision in Johnson vs. NCAA, where the court held that the “frayed tradition of amateurism” does not prevent college athletes from being classified as employees under the Fair Labor Standards Act. The decision doesn’t mean that college athletes ARE now employees, but it means that they could be. What does it all mean and where do we go from here? To help me break it all down, I am joined by Joshua Nadreau, Regional Managing partner and Chair of the Labor Relations Group at Fisher Phillips. 

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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The NCAA and the Power 5 conferences reached a historic proposed settlement in the House, Hubbard, and Carter cases, that will not only provide over $2.7B in back damages to eligible college athletes who don’t opt out of the settlement, and will create a revenue sharing model going forward (among many other things), but will also attempt to limit the possibility of other antitrust lawsuits in the present and the future challenging restrictions on athlete compensation.  One of those other lawsuits is Fontenot vs. the NCAA, an antitrust suit first brought in federal court in Colorado last year by the law firm Korein Tillery, led by Garrett Broshius. Garrett joins the pod to break down why he’s bringing the case, how the House settlement impacts his case, his view on the House settlement, and why he’s not ready to settle.  

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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The NCAA has reached a landmark proposed settlement in its three major antitrust cases that will require the NCAA to pay nearly $2.78 billion in back damages and permit schools to share up to 22% of their revenue with college athletes.  This is arguably the biggest development in the history of college sports. To help break it all down, I'm joined by the lead lawyer for the NCAA, Rakesh Kilaru.  

Rakesh walks us through the major terms of the settlement, explains why it happened when it happened, how this will impact future lawsuits against the NCAA, issues that still need to be decided, what it means for the future of the NCAA and the power conferences, and everything else you could possibly want to know.  

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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I'm joined by the “face of legalized sports betting,” Sara Slane, founder of Slane Advisory and former senior vice president of public affairs at the American Gaming Association. We talk about the future of legalized sports gambling, whether the NCAA should push to ban prop bets on college athletes, and what types of bets the sports books want you to make. 

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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Part 2 of the conversation with Altius Sports' Casey Schwab. We tackle the potential for private equity in college sports, the possibility of a "super conference," and much more...

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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Sportico's Michael McCann and Boston College's Warren Zola join the podcast to talk about all of the latest developments in college sports, the Jake Paul vs. Mike Tyson fight, the Fubo vs. Spulu skinny sports bundle antitrust fight, and more!

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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On February 23, 2024, Judge Clifton Corker of the Eastern District of Tennessee issued a preliminary injunction that prevents the NCAA from enforcing its prohibition on the use of NIL as a recruiting inducement by collectives and third parties.  It's another loss in court for the NCAA, but what does it mean for the future of college sports?  To help break it all down, I'm joined by Casey Schwab, CEO and Founding Partner of Altius Sports Partners.

Prior to founding Altius Sports Partners, Casey was the vice president of business & legal affairs at the NFL Players Association, helping lead the NIL program for all NFL players. He began his career in sports media at NFL Media and FOX Sports and has taught at both USC and Howard law schools.

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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On February 5th, 2024, the Regional Director for the National Labor Relations Board in Boston ruled that the Dartmouth men's basketball players are employees and have a right to unionize and collectively bargain over their compensation and other terms and conditions of employment.  This could not only lead to the creation of the first union in the history of college sports, but could also lead to widespread unionization for college athletes across all sports, levels, and divisions.  What are the next steps? What does this mean for the future of college athletics?  To help break it all down, I'm joined by Mark Pearce, the former Chairman of the National Labor Relations Board.

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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Jeff Mishkin, former outside counsel for the NCAA (and former Chief Legal Officer of the NBA and partner at Skadden) joins to break down the NCAA's antitrust battles, the future of the "amateurism" model, and where the NCAA goes from here...

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .  

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I'm rejoined by Jeffrey Kessler, sports law legend, Co-Executive Chairman of Winston & Strawn, and the lead lawyer on many of the athlete antitrust cases filed against the NCAA (including the Supreme Court victory in Alston and the current House vs. NCAA case). Jeffrey and I talk about all of the many antitrust threats facing the NCAA, including the new suit he filed against the NCAA this week, the total amount of money damages the NCAA faces in the House case, his thoughts on Charlie Baker’s new proposal, the prospects of athletes sharing revenue with schools, the possibility of Congress stepping in to help the NCAA, the sustainability of Olympic sports, the future of college sports, and more...

Thank you for listening! For the latest in sports law news and analysis, you can follow Gabe Feldman on twitter @sportslawguy .