Shumaker, Loop & Kendrick, LLP

Handicapping Christie v. NCAA: How will the Supreme Court Vote on PASPA?

Introduction The briefing is complete and the oral argument is over in Christie v. NCAA. All that remains is for the Supreme Court to decide the case. How will the Court decide? Will New Jersey blow up the PASPA dam and send regulated sports betting gushing throughout the land? Or will the sports organizations maintain […]

Reform the Federal Sports Betting Excise Tax “Dilemma”

Now that Congress has passed a budget resolution that sets the stage for fast-track tax reform, here is one tax that clearly should be included in any reform package: The excise tax on sports betting that is codified in sections 4401 and 4411 of the Internal Revenue Code.  See 26 U.S.C. §§ 4401 and 4411. […]

Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence prevention. As part of this new policy, the university president or chancellor, athletics director, and Title IX coordinator must attest annually that such education […]

Making Sense of College Coaching Contracts

“In addition to the growing financial commitments involved, negotiating college coaching contracts has become a far more complex procedure for both parties due to the non-standardized nature of each process and outcome. Unlike professional athletes and actors that collectively bargain for certain rights, every single coaching contract is a unique agreement unto-itself. Understanding the nuances […]

Supreme Court Finds Cheerleading Uniforms Copyrightable in Landmark Apparel Copyright Case

In the first apparel copyright case ever considered by the U.S. Supreme Court, Star Athletica, LLC v. Varsity Brands, Inc., the high court found on March 22, 2017 that decorative elements of a cheerleading uniform could be protected by copyright law. Varsity Brands Inc., the country’s largest cheerleading supplier, sued Star Athletica LLC, an upstart […]

Shaw Serves as Panelist at NACWAA 2016 Rally

Proud to attend the excellent panel presentation at the NACWAA Rally yesterday, featuring my Shumaker colleague Dana Drew Shaw, along with a packed room of women athletic administrators. The topic, Legal Aspects of Sport Supervision, led to an important discussion and analysis of the major areas of legal concern in collegiate athletic departments today, together […]

Hedging Coaching Staff Bonuses

As universities invest more and more money in college sports, it makes sense that their athletic departments explore creative ways to hedge these investments.  But in doing so, athletic departments should remember that a hedge is only as valuable as the risk it covers. Simply stated, a hedge is any investment that insures another investment.  […]