CLE
Mark Conrad
Mark Conrad Fordham University, Gabelli School of Business
Sports Law 2026 Major Changes in the Legal Landscape
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Sports Law 2026: Major Changes in the Legal Landscape

This webinar outlines the seismic changes taking place in the law of sports over the last year and a half. It will discuss college sports as a centerpiece of the changes, but will also outline the sports betting universe and professional sports issues focusing on labor and media rights. It will also discuss transgender athletes and the upcoming Supreme Court ruling.

Agenda:
  • The Legal Status of Collegiate Sports – The House Settlement and Its Aftermath
    • Quick Summary of the House Settlement
      • Overview of the landmark House settlement and its significance for collegiate athletics
      • Back-pay awards for former athletes and the introduction of direct revenue sharing
      • Changes to scholarship limits, roster management, and athlete compensation
    • What Is Settled and What Is Not
      • Key provisions resolved by the settlement
      • Remaining questions involving Title IX, athlete compensation, and NCAA governance
      • The role of the newly created College Sports Commission in reviewing NIL agreements
    • Subsequent Litigation and Regulatory Challenges
      • Ongoing antitrust challenges involving NIL restrictions, compensation caps, and College Sports Commission oversight
      • Litigation involving athlete eligibility, including challenges to the NCAA’s five-year rule and treatment of junior college athletes
      • Emerging disputes concerning athlete compensation, fair-market-value determinations, and enforcement authority
  • Congress’ Attempts to Regulate College Sports
    • Review of federal legislative proposals, including efforts to codify aspects of the House settlement
    • Proposed antitrust protections for the NCAA and conferences
    • Continuing debate over athlete compensation, employee status, and uniform national standards
  • The Trump Administration and College Sports
    • Executive actions addressing athlete compensation, NIL payments, and college sports governance
    • Federal policy positions regarding athlete employment status
    • Potential effects on Olympic sports, women’s athletics, and institutional compliance obligations
  • Gambling v. Prediction Markets
    • Growth of legalized sports wagering and integrity concerns in collegiate and professional sports
    • Athlete gambling investigations, league enforcement actions, and betting-related compliance issues
    • Emergence of prediction markets and event contracts tied to sporting events
    • Federal and state regulatory disputes regarding the legality of sports prediction markets and the role of the CFTC
  • Professional Sports Developments: Media Rights
    • The continued shift from traditional broadcasting to streaming platforms
    • Major media-rights agreements involving MLB, the NBA, NFL, and WNBA
    • The impact of regional sports network instability on leagues, teams, and consumers
  • Labor Relations: WNBA and MLB
    • Key developments in collective bargaining and player compensation
    • WNBA salary growth, revenue sharing, and working-condition improvements
    • Major League Baseball labor issues, luxury-tax concerns, and upcoming collective bargaining negotiations
  • Supreme Court Review of Transgender Athlete Participation
    • Overview of pending Supreme Court cases involving restrictions on transgender athletes
    • Title IX and Equal Protection issues presented by the litigation
    • Federal policy developments affecting women’s sports and educational institutions
    • Potential implications for schools, athletic associations, and future sports participation policies
  • Q&A (As Time Permits)
Read More
Duration of this webinar: 60 minutes
Originally broadcast: August 11, 2026 10:00 AM PT
Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

Collegiate Sports and NIL Litigation
Mark Conrad, the speaker, discusses the House Settlement, a significant litigation outcome that opened the door for NIL compensation for college athletes. The settlement includes back pay for lost NIL revenues and optional revenue-sharing formulas for schools, with many opting out due to budget constraints. A College Sports Commission is established to vet NIL payments, ensuring they are legitimate and not sham arrangements. Unresolved issues include salary caps and antitrust concerns related to the College Sports Commission's restrictions on boosters.
Antitrust Issues in College Sports
The NCAA's governance and policies, such as eligibility and transfer rules, are scrutinized for potential antitrust violations. The rule of reason test is generally applied in antitrust cases, balancing anti-competitive effects against pro-competitive justifications. Key NCAA rules under litigation include the five-year rule and transfer restrictions, affecting athletes' ability to earn NIL money. The Pavia case highlights challenges in applying the rule of reason test, with differing judicial opinions.
Further Developments in College Sports
Sports betting is illegal in Texas, but a student athlete's gambling issue led to legal challenges and an injunction allowing him to play. Congress has attempted to regulate college sports, with the SCORE Act being the most bipartisan effort, focusing on NIL compensation and an antitrust exemption for the NCAA. The role of colleges in developing Olympic athletes is crucial, raising concerns about funding and competitiveness amid regulatory changes. The Trump administration issued executive orders affecting college sports funding and athlete status.
Betting and Prediction Markets
Sports betting is legal in many states, but issues of corruption and athlete harassment persist. Prediction markets, regulated by the federal government, offer event contracts as an alternative to traditional sports betting. The CFTC is considering regulations for prediction markets, but the lack of clear frameworks has led to significant litigation.
Business and Media Issues in Pro Sports
Team valuations are booming, with private equity investments increasing in professional sports teams. The sale of teams like the LA Lakers and Portland Trail Blazers highlights the financial dynamics and public funding controversies in sports. Streaming rights are becoming more prevalent in broadcast deals, while leagues are taking control of local broadcasts. Labor negotiations in MLB focus on salary structures, with potential for a lockout, while the WNBA sees improvements in salaries and travel accommodations.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker
Mark Conrad
Mark Conrad Professor, Law and Ethics Director
Fordham University, Gabelli School of Business

Mark Conrad is Professor of Law and Ethics at Fordham’s Gabelli School of Business, where he directs the Gabelli Sports Business Initiative, an academic center which seeks to explore cutting-edge issues in sports and invites guest speakers to discuss, debate and analyze current issues in the sports industry. Professor Conrad teaches classes in sports law, media law, artificial intelligence and the law, law and the arts, and contracts and business organizations for undergraduate and graduate students. Read More ›

Continuing Legal Education (CLE) Credits

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Alabama CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: August 10, 2031

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2028

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: August 10, 2028

Illinois CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: August 10, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

Earn Credit Until: August 10, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: August 10, 2028

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: July 31, 2027

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: August 11, 2031

West Virginia CLE

Status: Approved

Format: On-Demand

Credits: 1.20 General

Earn Credit Until: December 31, 2029


This presentation is approved for one hour of General CLE credit in Alabama, one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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