Publications

Litigation Associates John Goheen and Lindsey Bohl co-wrote an article published on the California State Bar’s website, and Elizabeth White and Adam Crider co-wrote another.

The first article, “Southern District of Indiana Grants NCAA’s Motion to Dismiss Collegiate Athletes’ Challenges to the NCAA’s Year-in-Residence Bylaw,” co-written by John and Lindsey, discusses a college athlete’s Sherman Act claim challenging the National Collegiate Athletic Association (NCAA)’s year-in-residence bylaw by claiming that the rule is an “unreasonable restraint on trade.” The Southern District of Indiana granted the NCAA’s motion to dismiss with prejudice, asserting that the rule was presumptively procompetitive, and thus declining to apply a rule of reason analysis. 

The second article, “Southern District of New York Opinion on ‘Fractional’ Music Licenses Headed for Appeal,” co-written by Elizabeth and Adam, discusses an opinion by Judge Louis L. Stanton of the Southern District of New York on the effect of the rise of digital music services on the traditional blanket licensing regime established by performing rights organizations (PROs) like BMI and ASCAP more than 75 years ago. In the opinion, which is now on appeal, Judge Stanton disagreed with the argument of the Department of Justice’s Antitrust Division that licenses are required to be “full work” under the consent decrees. If the decision stands, there will be implications for both PROs and licensees. 

To read the articles, please click here.