Daniel E. Lust, an associate in the firm’s Sports and Entertainment and General Liability groups, wrote an article for The Licensing Journal discussing the fundamental changes that could happen in the NCAA with the passing of California’s Fair Pay to Play Act, which allows students to earn compensation through endorsements.
In “Collegiate Licensing,” Dan talks about the history of the NCAA not allowing players or schools to make revenue off of deals, whether or not the NCAA can ban schools in California, and the potential for more schools and states to follow California’s act.
“Well, if not in the NCAA, we will get an ultimate decision either in a courtroom or on the playing field of their newest competitor, e.g., the ACCA. Both are options that the NCAA will surely want to avoid. If it’s only California, then maybe the NCAA tests the courts with its ban on student-athlete compensation. With the passing of each new legislation, though, the stakes get a little higher, and the banned compensation schools pick up more leverage as the fictional ACCA picks up more school fire-power.”
“Collegiate Licensing,” The Licensing Journal, January 2020
Daniel E. Lust focuses his practice on transportation, premises, and construction matters, including high-exposure incidents involving fatalities and other catastrophic injuries. With substantial experience wielding legal tech, Dan has built countless successful defenses using information captured from plaintiffs’ social media or technological footprint, finding the digital “needle in the haystack” to crack open difficult cases. Dan’s colleagues frequently have asked him to step in to lead complex digital research or investigative efforts, and he has educated the legal community on the latest issues in tech through his position as co-chair of the Tech Law Committee of the Westchester County Bar Associations, as well as through publications for the American Bar Association, New York Law Journal, and New York Business Journal.