Rob Lang, Scott Goldschmidt Cover Key Impacts of College Athletics Case

Thompson Coburn partners Rob Lang and Scott Goldschmidt wrote for Sports Litigation Alert on the case of NCAA athlete Terrence Shannon, their client who successfully challenged his university's suspension from the basketball team while facing criminal charges. The article explores the impact of name, image, and likeness (NIL) opportunities on these scenarios and offers guidance for institutions with athletic programs.

“A federal judge found the player had the due process right to immediately play for his team while more fair processes proceeded. This result was greatly impacted by the advent of NIL opportunities, which can transform participation in college sports from a privilege to a right,” they wrote. In this case, the athlete went on to play the rest of the season and postseason and was later drafted by the NBA after being found not guilty of the criminal charges.

Among multiple takeaways, they wrote, the case should come as a warning to all higher education institutions to review their policies. They noted that NIL “has the capacity to, in certain circumstances, transform the privilege of playing college sports into a right, which cannot be as easily taken away without process. NIL-related cases are moving through the dockets of various states, and institutions should stay on top of them and continually review their policies upon significant developments in NIL-related law.”

Click here to read the full article.