Lawsuit Going After NCAA For its "Unlawful Cartel," With David Feher, Sports Attorney, New York

The recent ruling in the O'Bannon case shows the NCAA and their restrictions are subject to challenge on a number of different fronts.  While that case involved intellectual property rights, New York sports attorney, David Feher has filed a federal lawsuit against the NCAA to show that they have been engaging in practices for many years causing harm to many people.

Feher says that in the past, the NCAA could say sports were amateur endeavors, however in recent years, there has been multi-billion dollar contracts, sponsorship contracts and coaching contracts, just to cite a few examples of the claim of amateurism just being a facade that's fallen.

People have realized these are multi-billion dollar businesses and that the NCAA is running commercial enterprises, making billions of dollars going everywhere except to the athletes, who put their lives on the line on the basketball court and football field, Feher says.  "That's not only wrong but also in direction violation of the anti-trust law."

Feher calls the NCAA an "unlawful cartel," because it is set up with rules that don't give the schools the freedom of choice.  An agreement is set up that they'll pay for athletes up to a certain amount but they won't pay a penny more and that's a classic price-fixing arrangement in the labor market, he says.

The NCAA should comply with the anti-trust laws, believes Feher and stop engaging in price-fixing laws, in terms of what individual schools can decide for their players.

"There's a need for fundamental change" and not just having a few bones thrown, Feher says.  He adds that his case relates just to injunctive relief, not damages and because so, he believes the judge can move through the case in short order.  We are "going to push this thing full speed ahead," Feher says.

David Feher Winston & Strawn Source: winston.com

David Feher

Winston & Strawn

Source: winston.com

David Feher is a sports attorney in New York with Winston and Strawn.  He spoke with the Legal Broadcast Network, providing online, on-demand legal video news content.  The Legal Broadcast Network is a featured network of Sequence Media Group.

Ed O'Bannon vs. NCAA heading to Trial, analysis by lead trial lawyer, Michael Hausfeld, Washington, D.C.

Michael Hausfeld Source: http://www.hausfeldllp.com/pages/lawyers/michael_hausfeld

Michael Hausfeld

Source: http://www.hausfeldllp.com/pages/lawyers/michael_hausfeld

On this weeks Speaking of Justice broadcast, the Legal Broadcast Network is joined by nationally renown trial lawyer, Michael Hausfeld, discussing a recent ruling by U.S. District Judge Claudia Wilken, clearing the way for Ed O'Bannon's lawsuit against the NCAA to proceed to trial, with a date set for June 9th. The judge looked at principal defenses the NCAA was raising in an attempt to excuse or justify the restraints the athletes claim are being imposed on them, says Michael Hausfeld, lead attorney for the plaintiff in this case.

The motions and Judge's opinion was directed at specific defenses such as the First Amendment defense and Title IX issues and she ruled on which ones survived and which ones didn't, Haufeld explains.  "At this point, we have a better focus for purposes of the jury as to what real justifications may be considered by them in determining whether the restraints imposed aren't out-weighed by supposed pro-competitive benefits" stated Hausfeld.

Hausfeld believes the NLRB Northwestern ruling, which made huge news two weeks ago when the Northwestern football team were deemed employees in a preliminary hearing, helps his case because it focused as well on those factors which the NCAA was contending made the athletes a student, as opposed to an athlete first. The ruling, for the first time knocked down the "student athlete" definition that had been created by the NCAA in the 1950's specifically to avoid workers compensation claims for injuries.  "Doing that exposed the vulnerabilities of the NCAA to legal challenge resulting in adverse rulings," he says.

The NCAA's First Amendment defense, which was a core of their argument to the judge, has essentially been eliminated and the opinion now raises the exposure of the broadcasters as well as the copyright rights of the NCAA itself, Hausfeld thinks.  Attorney Hausfeld and the legal team are now preparing for a trial June 9th, which could possibly be a landmark decision in sports and entertainment law on a par with the Curt Flood and Andy Messerschmidt cases of the 1970's.

Michael Hausfeld is the lead attorney for Ed O'Bannon and practices in Washington, D.C.  More information on is firm can be found here.  His commentary is as a featured guest of the Legal Broadcast Network, an independent legal news platform providing online, on-demand legal video news content and which is a featured network of Sequence Media Group.

 

SEC bulletin on structured settlement and pension income streams

In this video repost from 2013, two of LBN's featured commentators, Mark Wahlstrom and Matt Bracy look into a then recent bulletin issued by the SEC warning investors to carefully vet a new class of investment options being offered, specifically those tied to secondary purchase of structured settlement or pension cash flows. 

This new market, which as the SEC guidance points out, is thinly regulated and comes with risks for buyers who may not quite understand ownership rights, design and pricing and other elements necessary to making a decision.  However, as Matt Bracy discusses, the SEC notice and advice seems to miss much of the point on exactly what the concern is and to confuse certain elements of the transaction with other types of structured settlement options, making the advice in the bulletin read more like an anti-structured settlement discussion then a look at the decision by investors to purchase after market annuity income streams. 

This video looks at the diverse issues, reviews the SEC warning and looks ahead to what may be in store for this expanding market. You can learn more about Mark Wahlstrom by visiting his web page at Wahlstrom & Associates.

Finding the Right Law School Made Easier With LST Score Reports, With Kyle McEntee, Law School Transparency

Law School Transparency, a Georgia-based non-profit legal, education policy and watchdog organization, whose mission is to make entry into the legal profession more transparent, affordable and fair, has a new tool to help prospective students make better decisions about whether and where to apply to law school.

LST Score Reports has enhanced their tool by letting the user customize the experience, by helping people understand the actual costs of obtaining each individual degree, the effects of interest, the effects of cost of living and scholarship discounts.  Kyle McEntee, the Executive Director of Law School Transparency, says they can help them make a better prediction about their financial future.

They allow prospective students to take the data they have and sort it in a variety of ways to see how each school matches up to their personal career goals, says McEntee.  The feedback they receive is that people are happy they exist and without their sites, they wouldn't know what to do.

According to McEntee, 2 to 3 employed graduates wok in the same state where their law school is located and yet, because of the U.S. News rankings, people think that schools belong on a national scale.  Today, he says we have a flat legal job market and the cost of 2013 is not looking much better than 2012.  "The future still looks fairly grim," McEntee says, because enrollment is still nearly 40,000 students and the current entry level market can't support that. 

Specifically, there are 46,000-47,000 graduates in the class of 2013 and only 25,000 long-term, full-time legal jobs.  McEntee notes that we have to take into account the U.S. Bureau and Labor Statistic's projections for the next 10 ears averaging 20,000 new jobs each year, which accounts for structural changes and retirement.

The average costs of law school, depending if one is debt-financing or paying out of pocket, is about $200,000-$300,000.  "It's getting better but there's still a long way to go," says McEntee.

Kyle McEntee is the Executive Director of Law School Transparency.  For more information on their new tool, go to lstscorereports.com.  He spoke with the Legal Broadcast Network, providing online, on-demand, legal news video content.  The Legal Broadcast Network is a featured network of Sequence Media Group.