Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 17, 2014
The Firm
201-896-4100 info@sh-law.comIn order to remain an amateur athlete, the NCAA says a college athlete can’t have a contract with a professional team, salary for participating in athletics, prize money above actual and necessary expenses and benefits from an agent or prospective agent.

However, a recent court decision – O’Bannon vs. the NCAA – could help any college athlete earn money in the future. A federal judge ruled that football and basketball players in major programs could challenge NCAA rules that prohibit compensation beyond the value of their athletic scholarships. It wasn’t a complete victory for collegiate athletes though, as the judge ruled that they aren’t able to recoup past damages.
One of the biggest arguments NCAA athletes have is that rules prevent them from turning professional when they desire. Baseball players have to stay in college for three years if they pass on being drafted out of high school. Basketball players must attend college for one year before becoming eligible for the NBA draft. Football players also have to be in school for three years before draft eligibility is granted. As a note, this three-year period also applies to athletes who have been redshirted. Johnny Manziel is likely to declare for the draft, despite only playing for two seasons, as he was a redshirt freshman – this year of inactivity counts toward the three-year rule.
Athletes could argue that these rules are preventing them from earning wages. And, what happens if they get injured while participating in collegiate athletics and can no longer pursue a professional career? Sure, they could take out an insurance policy on themselves but that may not make up for the millions that the select few could earn.
With these issues facing the NCAA, it will be interesting to see how the organization moves forward. Will athletes be paid? Will they be able to go straight to the pros? Only time will tell.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!