Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 17, 2014
The Firm
201-896-4100 info@sh-law.comIn order to remain an amateur athlete, the NCAA says a college athlete can’t have a contract with a professional team, salary for participating in athletics, prize money above actual and necessary expenses and benefits from an agent or prospective agent.

However, a recent court decision – O’Bannon vs. the NCAA – could help any college athlete earn money in the future. A federal judge ruled that football and basketball players in major programs could challenge NCAA rules that prohibit compensation beyond the value of their athletic scholarships. It wasn’t a complete victory for collegiate athletes though, as the judge ruled that they aren’t able to recoup past damages.
One of the biggest arguments NCAA athletes have is that rules prevent them from turning professional when they desire. Baseball players have to stay in college for three years if they pass on being drafted out of high school. Basketball players must attend college for one year before becoming eligible for the NBA draft. Football players also have to be in school for three years before draft eligibility is granted. As a note, this three-year period also applies to athletes who have been redshirted. Johnny Manziel is likely to declare for the draft, despite only playing for two seasons, as he was a redshirt freshman – this year of inactivity counts toward the three-year rule.
Athletes could argue that these rules are preventing them from earning wages. And, what happens if they get injured while participating in collegiate athletics and can no longer pursue a professional career? Sure, they could take out an insurance policy on themselves but that may not make up for the millions that the select few could earn.
With these issues facing the NCAA, it will be interesting to see how the organization moves forward. Will athletes be paid? Will they be able to go straight to the pros? Only time will tell.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

A corporate attorney advises businesses on formation, ownership, governance, contracts, transactions, compliance, disputes, and the legal risks that arise as a company grows. The role is not limited to filing documents or reviewing agreements. A corporate attorney helps a business understand when a commercial decision has legal consequences, how to structure that decision properly, and […]
Author: Scarinci Hollenbeck, LLC

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!