Litigator of the Week Runners-Up and Shout Outs
Winston & Strawn and Hagens Berman secured class certification on behalf of three groups of college athletes seeking billions of dollars in compensation related to their name, image and likeness, or NIL, rights from the NCAA and major collegiate conferences.
November 10, 2023 at 07:25 AM
5 minute read
Our first runners-up this week are Jeffrey Kessler and David Greenspan of Winston & Strawn and Steve Berman and Ben Siegel of Hagens Berman Sobol Shapiro who secured class certification on behalf of three groups of college athletes seeking billions of dollars in compensation related to their name, image and likeness, or NIL, rights from the National Collegiate Athletics Association and five major collegiate conferences. Senior U.S. District Judge Claudia Wilken in Oakland last week certified a class covering men's football and basketball players as well as a separate class of women's basketball players going back to June 15, 2016, seeking claims related to NIL rights, including compensation tied to broadcasting agreements. The third class applies to all other current or Division I athletes who competed prior to the July 1, 2021, NCAA rule changes allowing compensation for certain NIL rights, who have made NIL deals since that time. Kessler previously was named Litigator of the Week in 2021 after the U.S. Supreme Court upheld an injunction barring the NCAA and its member schools and conferences from capping benefits to athletes such as computers, science equipment, postgraduate scholarships, and aid to study abroad. The Winston team working on the NIL matter also includes partners David Feher, Jeanifer Parsigian, associates Adam Dale, Sarah Viebrock, Scott Sherman, Drew Washington, Neha Vyas and Joseph Blake. The Hagens Berman team also includes Emilee Sisco, Stephanie Verdoia and Meredith Simons.
A Debevoise & Plimpton team led by the firm's IP litigation group chair David Bernstein and counsel Jared Kagan landed a runner-up spot late last year after they helped client Casa Azul Spirits LLC fend off a preliminary injunction bid in trademark litigation brought by Casa Tradición, the maker of the pricy Clase Azul tequila brand. The Debevoise team scored another win for Casa Azul last week as U.S. Judge Lee Rosenthal in Houston granted summary judgment dismissing all of the plaintiff's claims for monetary relief and struck the jury demand, teeing up a potential bench trial on the remaining issues early next year. The Debevoise team on the matter also includes associates Marissa MacAneney, Nicole Flores, Kendra Berry, Jacob Hochberger, Jose Jesus Martinez III, Naomi Perla and Victoria Reis.
Here's one for anybody who ever had a classmate look over their shoulder to cheat on a test. Shout out to a team at Cooley that secured an injunction on behalf of online learning platform Chegg Inc. allowing the company to temporarily seize the internet domain of Homeworkify, a free site Chegg accuses of stealing its step-by-step solutions to problems in commonly used high school and college textbooks and posting them online. Senior U.S. District Judge Charles Breyer in San Francisco this week ordered registries and registrars in the U.S. to transfer the Homeworkify.net domain to Chegg for 30 days and barred those running the Homeworkify site from accessing, scraping and distributing Chegg's content. The Cooley team on the matter includes Tiana Demas, John Hemann, Ryan Stevens, Ronan Nelson, Amy Smith, Alex Kasner and Zoë Hellstrom.
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