Michael McCann
@mccannsportslaw.bsky.social
2.6K followers 65 following 510 posts
Associate Dean, Professor of Law and Director of the Sports and Entertainment Law Institute at UNH Franklin Pierce School of Law. Visiting Professor of Law at Harvard Law School. Legal Expert at Sportico. Ed O'Bannon's co-author. Attorney.
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mccannsportslaw.bsky.social
NASCAR, 23XI & Front Row say they want to have serious settlement talks, but they can't agree on who should oversee those talks. I still think a settlement is likely before a trial. Letting a court potentially reimagine a sports league is too risky, IMO. More on @sportico.bsky.social:
NASCAR, 23XI Racing Argue Over Who Should Hear Settlement Talks
With a trial fast approaching, NASCAR, 23XI and Front Row want to talk a settlement. But they can't agree on a settlement mediator.
www.sportico.com
mccannsportslaw.bsky.social
Looking forward to speaking on a Harvard Law School panel today about sports betting as a public health challenge. Lots to discuss, including the rising role of prediction markets in sports: hls.harvard.edu/events/sport...
mccannsportslaw.bsky.social
The WNBA labor dispute could lead to labor and antitrust litigation, with mediators and judges playing a key role in how it ends—with a risk of losing fans going forward. I preview the potential legal fallout + keys to look for in a new
@sportico.bsky.social column: www.sportico.com/law/analysis...
WNBA CBA Dispute Could Bring Labor and Antitrust Litigation
The WNBA and WNBPA appear headed for a labor dispute at the end of October but could push back the deadline, and each side would face key choices.
www.sportico.com
mccannsportslaw.bsky.social
From a business perspective, a marriage of private equity and the Big Ten would make sense.

From a legal perspective? It would strengthen arguments that college athletes are employees and, under antitrust law, are a labor market.

My @sportico.bsky.social column:
www.sportico.com/law/analysis...
Big Ten Private Equity Deal Could Expand NCAA Legal Controversies
As the Big Ten reportedly is set to sign a multi-billion dollar private capital deal, potential legal claims of athletes in the Big Ten could change.
www.sportico.com
mccannsportslaw.bsky.social
New: NASCAR tonight files a motion for summary judgment in the antitrust case against 23XI & Front Row. NASCAR includes declarations from teams' owners saying the current system works well for the sport. Don't expect the judge to grant summary judgment to either side. My @sportico.bsky.social take:
NASCAR Seeks Summary Judgment Against 23XI, Front Row
NASCAR on Friday filed a motion for summary judgment against 23XI Racing and Front Row Motorsports, but the filing is unlikely to end the case.
www.sportico.com
mccannsportslaw.bsky.social
Some baseball and the law news: Big League Advance defeats Fernando Tatis Jr. in the arbitration over his investment contract. Arbitrator says he must pay BLA $3.74 million. BLA petitions court in D.C. to enforce award. I have details + legal analysis at @sportico.bsky.social:
Tatis Loses Arbitration, Ordered to Pay $3.7M to Big League Advance
San Diego Padres star Fernando Tatis Jr. has been ordered by an arbitrator to pay Big League Advance $3.74 million.
www.sportico.com
mccannsportslaw.bsky.social
The Supreme Court of Nevada denies the NFL a rehearing in the Jon Gruden case. But that doesn't mean Gruden will win his case. Will Gruden and the NFL settle to avoid pretrial discovery? What about Flores v. NFL, which also involves arbitration? My @sportico.bsky.social take:
NFL Rehearing Denied in Jon Gruden Case as Key Choices Await
A court rejects a request to rehear whether Jon Gruden's case agains the NFL should be dismissed to arbitration, but that doesn't mean Gruden has won.
www.sportico.com
mccannsportslaw.bsky.social
Diego Pavia's win against the NCAA over eligibility upheld by the Sixth Circuit, but on mootness grounds—judges rule he already got what he wanted (a chance to play this fall). Two of the judges write concurring opinions, with one saying Congress should step in. My take for @sportico.bsky.social:
Diego Pavia’s Court Win Upheld Before Vandy’s Big Bama Game
The U.S. Court of Appeals for the Sixth Circuit says more evidence and data is needed to understand the college football market in Pavia's case.
www.sportico.com
mccannsportslaw.bsky.social
Very good question (and related to your research/paper). NIL would be a lot more limited for him, but I'd need to look closely at how Santa Clara handles international athletes and NIL.
mccannsportslaw.bsky.social
Is the day coming where former NBA, MLB and NHL players, ex-pro soccer players and other pros become college athletes? It's not so far-fetched, especially with universities badly in need of students due to the "enrollment cliff" and the lure of NIL and revenue share: www.sportico.com/law/analysis...
NCAA G League Eligibility Retreat Marks Amateurism’s Latest Defeat
The NCAA allowing a G League player to play in D-I highlights how a professional sports background is no longer disqualifying for college athletes.
www.sportico.com
mccannsportslaw.bsky.social
Kawhi Leonard has finally spoken on allegations his endorsement deal with then-Clippers sponsor Aspiration was part of a salary cap circumvention scheme. He was blunt and brief. I noticed he used the word "fraud" several times. That signals a defense strategy. My take for @sportico.bsky.social:
Kawhi Leonard Seeks to Impeach Sponsor in Salary-Cap Flap
Kawhi Leonard disputes allegations he signed an endorsement deal intended to enrich him as part of his Clippers employment. Will his defense work?
www.sportico.com
Reposted by Michael McCann
dan-bernstein.bsky.social
Kalshi launched custom parlays last night, a long-awaited feat one would expect the company to shout from the rooftops.

Instead, there has been complete radio silence.
Kalshi’s Parlay Breakthrough Happens Quietly in the Night
Users could place bet parlay bets before two "Monday Night Football" games.
www.sportico.com
mccannsportslaw.bsky.social
If it became law, the SCORE Act would also be subject to a bevy of potential legal challenges, including those based on states' rights (employment at a public university is a question of state law, not federal law), Equal Protection (treating college athletes worse/differently) and other claims:
College Sports Bill Flounders in House as Legal Challenges Brew
As the SCORE Act faces an uncertain political path, there are reasons to expect it could be challenged in court if it became law.
www.sportico.com
mccannsportslaw.bsky.social
If a former G League player—and G Leaguers are employees who are members of a union—is eligible to play college hoops, who else might be eligible to play college sports?

My weekly @sportico.bsky.social sports law column on the profound implications of Thierry Darlan going from pro to college:
NCAA G League Eligibility Retreat Marks Amateurism’s Latest Defeat
The NCAA allowing a G League player to play in D-I highlights how a professional sports background is no longer disqualifying for college athletes.
www.sportico.com
mccannsportslaw.bsky.social
Braylon Edwards and 3 other former University of Michigan Football players lose $50M lawsuit against the NCAA over unpaid NIL while they played in the 2000s. This is the fourth lawsuit of its kind to lose, though maybe appellate courts will have a different view. My take for @sportico.bsky.social:
Ex-Michigan Football Players Lose $50M Case Over Lost NIL Money
A federal judge has dismissed another lawsuit brought by ex-NCAA athletes over denial of NIL while they played. This one involves Michigan football.
www.sportico.com
mccannsportslaw.bsky.social
NFL, NHL and MLB players who play in Pittsburgh as visiting teams' players will benefit from PA Supreme Court holding the city's jock tax violates the state's constitution. @sportico.bsky.social has more on the ruling, including why it doesn't mean other states' and cities' jock taxes are illegal:
Pittsburgh Jock Tax Violates State Constitution, Court Rules
The Supreme Court of Pennsylvania holds Pittsburgh's jock tax, which taxes visiting athletes at a higher rate, to violate the state's constitution.
www.sportico.com
mccannsportslaw.bsky.social
Riley Gaines and other plaintiffs in their case against the NCAA over transgender athlete eligibility see most of lawsuit dismissed by a federal judge, though Title IX claims advance to pretrial discovery. @daniellibit.bsky.social and I discuss the ruling for @sportico.bsky.social:
Riley Gaines Suit Over Transgender College Athletes Mostly Dismissed
A federal judge has dismissed most of Riley Gaines' case against the NCAA over transgender athlete eligibility, though the Title IX claim advances.
www.sportico.com
mccannsportslaw.bsky.social
Had a blast at Harvard Law School yesterday—great to speak with Jon Hanson and Charles McIntyre on our panel on the NCAA, amateurism and sports betting and then co-taught Peter Carfagna's sports law course. Both Jon and Charlie are super tall, I'm definitely the point guard in that group! 😄
mccannsportslaw.bsky.social
New York Jets start Sauce Gardner is awarded over $50K in attorneys' fees after defeating a lawsuit brought by a Buffalo Bills fan against Gardner and Barstool over his posts on X. A really interesting case about how athletes interact with strangers on social media. My @sportico.bsky.social take:
Jets’ Sauce Gardner Wins Attorneys’ Fees Over X Beef With Bills Fan
Sauce Gardner's interaction with a Buffalo Bills an on X led to him being sued for defamation but his win could protect other celebrities.
www.sportico.com