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Description: With college athletics becoming a multi-billion-dollar industry, college sports administrators and coaches earning multi-million-dollar salaries, and football and basketball schedules largely dictated by major television networks, everything about these big-time sports was highly professionalized—except the athletes. For decades, when it came to college athletes, the NCAA sought to avoid condemnation under the Sherman Act, clinging to its definition of “amateurism” as a defense for a variety of anticompetitive restraints. But in Alston v. NCAA, the Supreme Court found that the NCAA’s “amateurism” model no longer matched reality and that the NCAA, like all other businesses, is subject to full scrutiny under the antitrust laws. This one-hour program, presented by lead Plaintiffs’ counsel in Alston, will focus on the evolution of the Sherman Act’s application to the NCAA and explore the implications of Alston on the future application of the Rule of Reason to the NCAA and other industry associations.
Jeffrey L. Kessler
Co-Executive Chairman of Winston & Strawn, Jeffrey Kessler is one of the world’s leading antitrust, sports law, and trial lawyers. He has been lead counsel in some of the most complex antitrust, sports law, and intellectual property law cases in the country, including major jury trials, and has represented a number of U.S. and international companies in criminal and civil investigations in the antitrust, sports law, trade, and Foreign Corrupt Practices Act (FCPA) areas. One of the most prominent lawyers in the country regularly engaged in high-profile sports litigation, Jeffrey has litigated some of the most famous sports-antitrust cases in history, including Alston v. NCAA, the historic victory on behalf of college football and basketball players in an antitrust litigation against NCAA; McNeil v. the NFL, the landmark antitrust jury trial which led to the establishment of free agency in the National Football League (NFL); and Brady v. NFL, which led to the end of the 2011 NFL lockout. Some of Jeffrey’s clients in the sports law area have included the NFL Players Association (NFLPA), the National Basketball Players Association, the Arena Football League (AFL) Players Association, the National Hockey League Players Association, the Major League Baseball Players Association, the National Invitation Tournament (NIT), Wasserman Media Group, SCP Worldwide, MVP Sports, the Women’s National Soccer Team, the NFL Coaches Association, Players, Inc., the Women’s Tennis Benefit Association, Excel Sports, Endeavor, Super Slam Ltd., Activision Blizzard, and Adidas. Jeffrey has been nationally recognized at the top of esteemed ranking tables including Chambers USA, Legal 500, Elite Trial Lawyers, Best Lawyers in America ®, among others, and has been recognized by The American Lawyer as “Litigator of the Week” four times in the past six years.
David G. Feher
Co-Chair of Winston & Strawn’s Sports Law Practice, David Feher is one of the leading sports lawyers in the country, with extensive experience in complex litigations, negotiations, and arbitrations involving contract, intellectual property, antitrust, and international issues. He has been outside counsel for the NFL Players Association (NFLPA) and the NBA Players Association (NBPA) for many years. He is one of the prime negotiators of the collective bargaining agreements and antitrust settlements in the NFL (1993, 1996, 1998, 2002, 2006, and 2011) and the NBA (1995, 1999, 2005, 2011, and 2017). In addition, David has represented a number of large U.S. and international companies in various matters, and has extensive experience litigating complex commercial disputes. He has negotiated numerous commercial contracts in the sports and other industries. David has been recognized for his sports law work in Chambers USA, The Legal 500 U.S., The Best Lawyers in America©, Lawdragon, and New York Super Lawyers.
David L. Greenspan
An accomplished antitrust, sports, and complex-commercial litigator, David Greenspan counsels clients on wide-ranging matters and represents them both at trial and on appeal. David has acted as plaintiffs and defense counsel in antitrust cases involving monopolization, predatory pricing, price-fixing, group boycotts, and other restraints of trade. Representative cases include the defense of alleged cartel activities in multidistrict class actions and the defense of unlawful monopolization claims under various federal and state antitrust laws. David litigates cases involving antitrust law, labor law, l icensing, agent regulation, active and retired player rights, and collegiate athlete rights. He has represented all four major Players Associations, myriad professional athletes and agents, and teams and owners in disputes with their respective Leagues. Much of David’s sports work is for the NFL Players Association and NFL players. He has appeared in dozens of matters, including those involving players such as Tom Brady, Colin Kaepernick, Ray Rice, Adrian Peterson, Ezekiel Elliott, Eric Reid, Terrell Owens and Michael Vick. David has been recognized nationally by Chambers USA, Benchmark Litigation, Super Lawyers, Legal 500, and The Best Lawyers in America©.
Jeanifer E. Parsigian
An accomplished antitrust, sports, intellectual property, and commercial litigator, Jeanifer Parsigian focuses principally on high-stakes antitrust class actions, high-tech competitor disputes, patent and trade secret matters, and sports litigation. She regularly represents major U.S. and multinational corporations in complex commercial litigation and class actions, and in connection with a wide array of federal and state antitrust and competition issues, including monopolization, price-fixing, wage-fixing, merger enforcement, group boycotts, exclusive dealing, tying, price discrimination, unfair competition, and mixed issues of antitrust and intellectual property law relating to Fair, Reasonable, and Non-Discriminatory (FRAND) obligations, standard-setting, patent licensing, and patent misuse. She has represented clients in high-profile matters such as the Women’s National Soccer Team’s gender discrimination litigation, and the landmark antitrust trial against the NCAA on behalf of classes of D-I college athletes. Jeanifer was selected to the 2021 Chambers USA Ones to Watch and named a Super Lawyers “Rising Star.”
 | | Practice Areas: | | Business Organizations & Contracts, Employment Law, Entertainment & the Arts, Sports Law | | | Online Media Type: | | Audio | | | Production Date: | | 09/14/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 4 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Jeffrey Kessler, Esq. - Winston & Strawn LLP | | • | David Greenspan, Esq. - Winston & Strawn LLP | | • | David Feher, Esq. - Winston & Strawn LLP | | • | Jeanifer Parsigian, Esq. - Winston & Strawn LLP |
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