Tuesday, 2 October 2012

Ed O'Bannon scores victory against ESPN in his NCAA lawsuit

I have a new article for Sports Illustrated on U.S. District Judge Alfred V. Covello ordering ESPN to give Ed O'Bannon its TV & licensing contracts with the NCAA. O'Bannon's class action lawsuit threatens any company that has a contract with the NCAA or its members. O'Bannon may also end up suing those companies. 

Here's an excerpt:
Looking further down-the-line, Judge Covello's ruling is a reminder that O'Bannon's case presents real financial and legal risk for companies that have contracts with the NCAA, CLC or member institutions. ESPN is not the first company to see this risk materialize, as Electronic Arts, makers of college sports video games, has similarly been impacted by the litigation. And yet divulging information they consider privileged is not the greatest worry for these companies. Instead, it's this: relinquishing private knowledge about how much they have profited from the labor of college athletes illuminates these companies' own susceptibility to being sued by O'Bannon. After all, if the NCAA wrongly profited from the names, likenesses and images of college athletes, then companies in contract with the NCAA have arguably done the same.
Hope you have a chance to check out the article.

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