CFP Heading Towards Another Expansion, Trump's Transgender Ban Facing Lawsuits, and More | Newsletter #305
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This Monday Newsletter includes:
1. College Football Playoff expansion talks (ggain)
2. Legal challenges to the transgender athlete ban
3. What’s coming up in the world of NIL
4. Legal Updates: more NIL and eligibility lawsuits
5. News/tips for administrators and student athletes
Major News
The Big Ten and SEC Are Looking to Expand the College Football Playoff to 14 or 16 Teams
The Big Ten and SEC are planning to make major changes to the College Playoff once they are given control of the playoff format starting in 2026. Executives from the 10 FBS leagues and Notre Dame handed over control to the Big Ten and the SEC last spring when leaders of the two conferences threatened to create their own postseason system if they were not granted a majority of CFP revenue and full authority over the playoff format.
The two major conferences are planning to expand the playoff to 14 or 16 teams under a different model. The 14 and 16 team playoffs would grant four automatic qualifiers each to the SEC and Big Ten; two each to the ACC and Big 12; and one to the highest-ranked Group of Five champion. In addition, it would include one or three at-large spots (dependant on if they expand to 14 or 16), with one of those intended for Notre Dame if it finishes ranked inside the top 14. A 14-team playoff would also include two byes for the top two seeds, while the 16-team playoff would have no byes.
In addition, the Big Ten and SEC are hoping to finalize a scheduling arrangement between the two conferences that could be worth millions in additional revenue.
CLICK HERE to learn more.
President Trump’s Executive Order is Facing Legal Challenges
Last week, President Trump signed an executive order that banned transgender athletes from women’s sports. Now, this order may face some legal hurdles.
Two transgender teenage girls - Parker Tirrell, 16, and Iris Turmelle, 15 - filed an amended complaint in New Hampshire’s federal district court on Wednesday in an attempt to be eligible to play on public high schools’ girls sports teams. The two brought a case against New Hampshire state and school officials last August when NH state staute, HB 1205, went into effect. HB 1205 prohibits transgender athletes from participating as it requires schools that compete against public schools designate sports teams based on biological sex - sex determined on a birth certificate.
In regards to HB 1205, Tirrell and Turmelle contend that HB 1205 violates their constitutional right to Equal Protection and denies them equal educational opportunities in violation of Title IX. Similarly, the two contend that Trump’s executive order violates the equal protection rights of transgender girls and women, and it violates Title IX. They also believe that the government lacks a “legitimate governamental interest” in the matter.
CLICK HERE to learn more.
Other Notable Stories to Follow
NFLPA warns that Pathway NIL deal could complicate professional path - LINK
Power Conferences, not the NCAA, will control policing of athlete compensation - LINK
The DOE rescinds sheet which suggested that Title IX should apply to revenue sharing - LINK
Ohio State legend, Jim Tressel, named Ohio Lieutenant Governor - LINK
Legal Updates
University of Tennessee Baseball Player Suing NCAA Over Eligibility
First Baseman Alberto Osuna sued the NCAA on Wednesday, demanding a temporary restraining order and a preliminary injunction to let him play D-I baseball this spring. Like Vanderbilt quarterback and former junior college transfer Diego Pavia, Osuna contends that the NCAA eligibility rules violate antitrust law because they prevent an extended collegiate career, and they deny athletes’ the chance to enjoy potential NIL deals and revenue sharing opportunities.
After Osuna had exhausted his NCAA D-I eligibility, he entered the 2024 MLB draft but was not drafted. As a result, Osuna enrolled at the University of Tampa in the fall of 2024 to pursue a graduate degree in entrepreneurship and play D-II baseball. Inspired by Diego Pavia’s case, Osuna filed a suit where he emphasizes the similarities between the two situations.
CLICK HERE to learn more.
Former “Last Chance U” Athletes File $30 Million Lawsuit
Six former football players from East Mississippi Community College (EMCC) that gained fame on Netflix‘s Last Chance U, filed a $30 million lawsuit accusing Netflix, production company Condé Nast Entertainment, and EMCC of exploiting their NIL and harming their reputations. In the case, the plaintiffs allege that they “had no real negotiation or any meaningful choice except signing what was presented to them without ever being instructed of the purpose of filming or being advised to read through the contract in its entirety.”
However, it seems that the plaintiffs will have an uphill battle. A) The players were adults when they signed their deals - a strong defense against unequal bargaining power claims. B) The contracts may contain arbitration/mediation clauses that would impair the plaintiffs rights to settle in court. C) Netflix can potentially raise First Amendment defenses against right of publicity arguments. D) The claims may be barred under applicable statutes of limitations as the events occurred nine years ago.
CLICK HERE to learn more.
Optimum Sports Consulting is here to help.
For athletes looking for NIL insight and advisement, administrators and collectives looking for resources and facilitating a best-in class process, or agents looking to navigate the changing landscape, we’re here to help!
Message us now for a free consultation.
FOR ATHLETES
Notes for the Week
Multiple college basketball stars ink NIL deal with Dairy Alliance - LINK
Alabama WR, Ryan Williams, gets NIL deal with nail polish brand - LINK
FOR ADMINS
Notes for the Week
Bills in Georgia and Alabama to exempt college athlete NIL income from state taxes could face legal challenges - LINK
Six schools partner with NIL group for video game rights - LINK
Thanks for Reading!
Keep up to date on all of our newsletters and content by checking out past Optimum Sports Consulting Newsletters, and following us on Twitter!