NFL Free Agency Attorney Jeff Kessler Starting College Sports Major Law Firm Division; O'Bannon to be His First Client?
ByAn attorney who once helped bring free agency to the NFL is now going to be taking the side of former and current players in Ed O'Bannon's lawsuit against the NCAA, Bloomberg reported.
Winston and Strawn LLP, based in New York, will be opening what it calls the first division focused on college at a major law firm. Jeff Kessler said the division will represent players, coaches, schools and conferences against "the unbridled power and influence" of the NCAA.
Although it is not clear why or how Winston and Strawn began the new division, it could have an effect on the most high profile case currently mounted against the NCAA.
Former UCLA basketball player Ed O'Bannon is actively pursuing a lawsuit against the NCAA for using his name and likeness to sell merchandise and profit in other ways, without compensating him. The judge in the case, Claudia Wilken, is still currently weighing several motions, including one that could open O'Bannon's filing to a class-action lawsuit.
One recent development is sure to have an effect on multiple motions Wilken is mulling. EA Sports and Collegiate Licensing Company, both named in the initial lawsuit, settled for a reported total of $40 million, leaving the NCAA on their own.
The NCAA re-iterated it will not budge and would take the case to the Supreme Court, battling it out to the end.
"We're prepared to take this all the way to the Supreme Court if we have to," NCAA legal counsel Donald Remy told USA Today last week. "We are not prepared to compromise on the case."
Kessler, who has also previously worked with MLB and NBA, will also become a partner at the Winston and Strawn. Kessler will closely with Bob Lanza, a former NBA players' union general counsel.
"The NCAA should stand up and take notice that Jeff is involved," Lanza, told Bloomberg. "I can't think of anybody more qualified to start this type of department."
NCAA spokeswoman Stacey Osburn declined comment on Kessler's new firm and its potential affect on college sports.
Neither Kessler nor his new firm has officially announced they would get involved in the O'Bannon case. Judging from the firm's statements and from the potential change the lawsuit could influence, it is highly likely Kessler will be involved at some point.
According to USA Today, it is also highly likely active players will receive a piece of EA Sports and CLC's $40 million settlement in the lawsuit. The settlement ends the two companies' involvements in cases with O'Bannon, former Arizona State and Nebraska quarterback Sam Keller and former Rutgers quarterback Ryan Hart. The amounts have yet to be determined and the NCAA has said it will not comment until it has had a chance to review the terms.
However, lawyers for Keller and Hart said active and former players will be compensated based on how heavily they were featured in EA Sports' college football franchise, one that is now presumably discontinued.
"I cannot fathom a scenario where they say (active players) cannot have that money," Eugene Egdorf said on Hart's behalf. "If they try, we'll welcome that challenge."