Olivia Nuss, Esq.
@onuss_
Sports Law Attorney | Head of Business & Legal Affairs at @AthleteNIL @nilsummit | these tweets are not legal advice, all opinions are my own
The U.S. Court of Appeals for the First Circuit rules that Baseball's antitrust exemption is not just for MLB, but for pro baseball. That includes a pro league in Puerto Rico. Might it eventually include college sports as they turn pro? My @Sportico take: sportico.com/law/analysis/2….
Many people have reached out about what the college sports executive order means. Ross succinctly explains: it probably means nothing in the short term. It doesn’t/can’t create laws. It’s mostly just emblematic of an effort to enshrine a model that illegally caps athlete pay.
The president of the United States released an executive order titled “SAVING COLLEGE SPORTS.” But will it? About that - yhoo.it/4f3vAIi
As expected, the fact sheet’s proclamation that the EO prohibits “third party pay for play payments” isn’t accurate. It’s just the “policy of the executive branch” that such payments are improper. Still don’t understand why people hate college athletes getting paid so much.
Appears President Trump has signed an executive order on college athletics. From the fact sheet, it sounds similar to the draft order released last week. But there is one very important new item. This says the order “prohibits third-party, pay for play payments” to athletes.
Rep. Frank Pallone, D-NJ, says Sen. Cory Booker, D-NJ, will “never support this”. He adds that if it passes House “ it’s dead” in Senate because of need for 60 votes to avoid filibuster.
At House Energy and Commerce markup of college sports bill, chair Brett Guthrie says it “clear this is the moment to act.” Ranking member Frank Pallone calls bill “nothing more than a major giveaway to the NCAA.”
With the SCORE Act making it out of subcommittee, it’s now scheduled for a markup hearing on Wednesday in the House Committee on Education & Workforce. Can watch at this link: youtube.com/live/qsuGK6sXb…
U.S. House Committee on Education & Workforce has scheduled markup of new college-sports bill (the SCORE Act) for Wednesday, as part of hearing set to begin at 10:15 AM.
CSC’s initial guidance wrongly assumes all #NIL collectives are the same. Hopefully CSC realizes they’ve overlooked the wide variety of collective models and the real-world commercial context they operate in.
I can confirm that the College Sports Commission has reached a deal with House attorneys, and collectives will now be treated the same as any other business by NIL Go. Their deals will still be subject to "range of compensation." First reported by @RossDellenger.
Progress. Rather than evaluating the #NIL / commercial activities athletes were performing, the CSC initially fixated on the identity of the entity itself, disregarding whether activities involve the provision of services related to legitimate goods or services. Many collectives…
Attorneys have resolved a dispute over how the College Sports Commission handles NIL collectives, sources tell @YahooSports, revising its approach to treat them like other businesses - a major move that paves the way for continued collective operations bit.ly/4kVo5od
This doesn’t move the needle much…for now. If anything, it adds another layer of uncertainty in the current environment.
Here is the full draft of the presidential executive order obtained by @YahooSports earlier this week and written about Thursday in the linked story. There remains uncertainty on whether the order will be introduced or how much the draft would change. bit.ly/3IBA7W9
Here is the full draft of the presidential executive order obtained by @YahooSports earlier this week and written about Thursday in the linked story. There remains uncertainty on whether the order will be introduced or how much the draft would change. bit.ly/3IBA7W9
While an executive order like this is appealing for some, it would do nothing to create a long term, sustainable model for college athletics. A decision from the NLRB/Sec of Labor regarding college athlete employment would be subject to change based on who’s in the White House.
President Trump is considering an executive order that would direct the NLRB and Sec. of Labor to decide if college athletes are employees, acc'd to a draft of the order obtained by ESPN. Details here from me and @PeteThamel : espn.com/college-sports…
Confirmation that the Trump administration is working on an executive order related to college athletics/NIL.
NEW: The White House is actively working on an NIL-related executive order, a source familiar tells @FOS, confirming CBS report. It's unclear what the EO would entail, though it likely wouldn't conflict with ongoing Congressional legislative efforts. frontofficesports.com/president-trum…
Per CBS News, Donald Trump is expected to issue an executive order "establishing national standards" for #NIL. This comes just days after lawmakers in the House introduced an updated version of the SCORE Act. It’s unclear whether this executive order would actually set binding…
New in court: The Pac-12 and Mountain West did not resolve their $150m+ poaching fees case in mediation, so it'll continue in court. MW has filed a motion to dismiss the Pac-12's case, that'll come up in September.
By the way, on Sept. 5, 2024, Judge Wilken said she was "quite concerned" about restricting payments from #NIL collectives and questioned why it would be OK for schools to pay athletes for play but not OK for collectives to do the same. This issue is so ripe for escalation.
In a letter sent to the NCAA and power conferences Friday, House attorneys believe the denial of NIL collective deals violate the settlement, are requesting a “retraction” of the CSC’s guidance & are threatening to report the wrongdoing to the court bit.ly/460PEsp
If we have multi-year contracts and buyouts now in college sports, why is there still such an emphasis in granting the NCAA governance over transfer athletes again? All NCAA mandated transfer restrictions would do is create a de facto reserve clause and depress athlete earning
The bill prohibits athlete compensation that may put schools over the new rev-share cap and requires all NIL deals hold a “valid business purpose” and align with NIL Go’s fair market value compensation range and the College Sports Commission’s anti-circumvention rules.
Members of the U.S. House are planning, as soon as Thursday, to introduce an amended college sports bill (SCORE Act), sources tell @YahooSports. Though opposed by many Democrats, the Act is on track to progress further than any all-encompassing athlete compensation legislation.