Winston & Strawn Partner and Co-Executive Chairman Jeffrey L. Kessler was a guest on Fast Company's "Creative Control" podcast. He discussed his role as plaintiffs' co-lead counsel—representing college athletes in antitrust class-actions against the NCAA—where he argued that NCAA schools unreasonably restrained competition in the labor markets for college athletes.
As March Madness approaches, college athletes have been quick to take advantage of one of the most notable rule changes that have followed Jeffrey's unanimous Supreme Court victory against the NCAA—the right to earn money on their name, image, and likeness (NIL).
"In the history of college athletes and their rights...it was the biggest legal moment in history," Jeffrey said, adding that "this has created an explosion of free-market activity, and we now see thousands of athletes getting deals for their NIL rights...This is not just in the high revenue sports...Many non-revenue sports [are] getting [deals] because a lot of the value that these athletes bring can come from their ability to be social influencers, to be on social media, and to develop their brand, which can be independent of their sport."
Read or listen to the full episode here.
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