Overview On November 18, 2024, Governor Mike DeWine signed Executive Order 2024-08D, which allows Ohio colleges and universities to “directly compensate” their college-athletes for name, image, and likeness (NIL). This order does not call for compensation to...
Content By Samir B. Dahman
Court Ruling in Ohio Highlights Evolving Non-Compete and Non-Solicit Landscape
As the Federal Trade Commission’s Non-Compete Rule is appealed through the federal courts, a ruling from a court in Cleveland, Ohio, exemplifies how certain courts have recently approached non-compete and non-solicitation agreements. In short, Ohio’s metropolitan...
Liability for Bones in Boneless Wings? Not According to the Ohio Supreme Court
Eight years ago, a customer ordered "boneless wings" at a restaurant. He experienced discomfort and later developed a bacterial infection in his thoracic cavity, leading to serious and ongoing medical issues. Doctors discovered a tear in his esophagus caused by a 5...
A Rise in ‘Nuclear’ Jury Verdicts: Up 300% Despite Tort Reform
Judges and juries are doing what they can to punish bad actors across industries, in spite of legislative efforts to limit the same. Ohio’s Efforts to Limit Nuclear Verdicts In 2005, the Ohio General Assembly enacted tort reform by codifying R.C. 2315.18 (B)(2). That...
FTC’s Final Rule on Non-Compete Clauses: Implications & Considerations
This article was updated on August 22, 2024, to reflect a recent ruling by a Texas federal court, which has struck down the FTC's proposed nationwide ban on non-compete agreements just weeks before its anticipated effective date. FTC Rule Bans Non-Compete Clauses for...
Intel Receives Largest U.S. Funding Grant to Date but Confirms Further Delays in New Albany Facility Operations
On March 20, 2024, Intel and the White House announced Intel will receive $8.5 billion in federal subsidies to support Intel’s semiconductor plants in the United States. This grant is the largest award announced under the CHIPS and Science Act (CHIPS Act) to date. The...
Pulling the “For Sale” Sign: Federal Judiciary Attempts to Curb Judge Shopping
Venue shopping is as American as apple pie. Litigants have long endeavored to select advantageous courts in jurisdictions with favorable laws, procedures, or jury pools to maximize their chances of success. Even so, filing a case in a particular venue would normally...
Student Athletes Secure Victory Over NCAA: Discussing the Future of NIL in Collegiate Athletics
In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Alston secured student-athletes’ right to monetize their name, image, and likeness (or NIL). Before the landmark decision, the National Collegiate Athletic Association...
U.S. Department of Justice Sues the NCAA: When Will College Athletes Start being Paid?
To quote a popular singer from our college days, David Gray, “it’s all over bar the shoutin’” for the NCAA, colleges, and TV networks taking advantage of college athletes. Whether it’s further litigation, federal legislation, market forces, unionization, Jim...
IRS Challenges Charitable Status of NIL Collectives, Casting Doubt on Donations to Support College Athletes
Is it charitable to donate to a group that facilitates opportunities for athletes at a particular college? The IRS thinks not. In a recent memo released from the office of the IRS Chief Counsel, the IRS asserts that this would be a “private benefit” to just a few star...