Philip Sheng

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Philip Sheng

Philip Sheng

@PhilipNILIP

Partner at Venable LLP | IP Attorney | NIL | Sports Law | Former ATP Pro and D1 🎾 for @StanfordTennis | LDS

California, USA Katılım Şubat 2020
96 Takip Edilen1.3K Takipçiler
Philip Sheng
Philip Sheng@PhilipNILIP·
Tampering is akin to tortious interference with contract. Perhaps the real problem is that the contracts at issue in college sports are NIL deals rather than employment contracts. Otherwise, I do believe there’s a world where anti-tampering rules could exist—and actually benefit the system.
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Michael McCann
Michael McCann@McCannSportsLaw·
Some colleges want stricter tampering rules since rival schools are circumventing the transfer portal. That all makes sense, but it underscores a wider problem: tampering is a pro sports concept and applying it to college sports invites legal challenges: sportico.com/law/analysis/2….
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LarryBenz
LarryBenz@PhysicalTherapy·
ICYMI: 🧵 Three articles. Three structural indictments of how college athletics got here. Article IV is about the people the whole enterprise is supposed to be for. Not the quarterback making $2M. Not the five-star with 40 offers by breakfast.The other 99%. 31% of D-I athletes who entered the transfer portal last year never found a new school at the same level.That's the NCAA's own data.That's 17,000 people per year — scholarship gone, eligibility clock still running, often without a degree. In FBS football? 40% of portal entrants don't land a comparable scholarship. Men's basketball? 2,400 players entered the spring portal. 30-40% found nothing. We didn't build a free market for student-athletes.We built a buyer's market. And the sellers carry all the risk. Article IV: Student. Athlete. In That Order — Or So We Were Told.The reform window is open. Here's what Congress must add to its mandate.
LarryBenz@PhysicalTherapy

x.com/i/article/2031…

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Philip Sheng
Philip Sheng@PhilipNILIP·
Didn’t think punctuation mattered. Who exactly is “cry[ing] ‘student-athlete,’ poverty, and existential crisis” because players are missing class to play March Madness? Half of those teams are eliminated in the first round, and another half before the first weekend is over. My question was sincere, as I don’t understand why the next three weeks of college sports will be abnormally fascinating to you.
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Marc Edelman
Marc Edelman@MarcEdelman·
@PhilipNILIP @DanielLibit Phillip, for the second time in replying to a quote of mine, you removed an important comma (not to mention internal quotations) in a way that changed the meaning of what I said.
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Marc Edelman
Marc Edelman@MarcEdelman·
The next three weeks of U.S. college sports will be fascinating. 68 men’s basketball teams are going to miss class for up to three weeks to earn their schools collectively billions in revenue. Meanwhile, #NCAA advocates will cry “student-athlete,” poverty and existential crisis.
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Philip Sheng
Philip Sheng@PhilipNILIP·
@RobOviatt1 @NILnotNLI @McCannSportsLaw For sure. The Supreme Court will sort some of this out at some point, or maybe Congress who knows 🤷🏻‍♂️ I’m not a fan of the current state of college sports. Great that athletes are getting paid, but it doesn’t feel like college sports to me.
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Philip Sheng
Philip Sheng@PhilipNILIP·
This.
Darren Heitner@heitner

Nebraska may be the state that brings down the College Sports Commission and NIL Go platform. State law (§48-3603) is unambiguous. College athletes can't be penalized for earning or even intending to earn #NIL compensation. That puts the CSC in an impossible position. Push too hard in arbitration and win? Congrats. You've just triggered a direct conflict with Nebraska state law, potentially invalidating enforcement mechanisms across the board. Back down? Your entire compliance framework loses credibility overnight.

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Philip Sheng
Philip Sheng@PhilipNILIP·
@samcehrlich WAC is getting some very aggressive legal advice that I myself would be uncomfortable to give…
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Sam C. Ehrlich
Sam C. Ehrlich@samcehrlich·
What a bizarre situation. The WAC is treating something this judge clearly laid out as not an "order" as an order. But... a judge's "directive" is not something to simply ignore. But... it also seems Utah law forbids ordering state entities to pay securities? Bizarre.
Brice Larson@LarsonSports

(Notwithstanding this being under the subhead “order” this remains a directive and not an order) The very next line says UVU is directed, not ordered, to pay the $1 million to the court as security. The only “order” here is to bar the WAC from not allowing UVU to play etc.

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Philip Sheng
Philip Sheng@PhilipNILIP·
@WinterSportsLaw Collective bargaining doesn’t solve the problem unless football and basketball are carved out as separate entities. Otherwise there’s won’t be a real collective of bargainers.
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Philip Sheng
Philip Sheng@PhilipNILIP·
@colincsalao @FOS Don’t see why spending it on tennis-related expenses matters at all. He’d be allowed to claim expenses for the Australian but not expenses in general. In any event, I suspect Brantmeier’s settlement will cover Zheng’s earnings.
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Colin Salao
Colin Salao@colincsalao·
Columbia tennis star Michael Zheng told @FOS that he claimed his $150,000 prize from the Australian Open. It was unclear if this violated NCAA rules. A Columbia rep said he can keep the money if he spends it on tennis-related expenses this year. ⬇️ frontofficesports.com/columbia-tenni…
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Philip Sheng
Philip Sheng@PhilipNILIP·
@jaybjackson Often in appeals you present the entire record below in an appendix. I suspect that’s what is going on here. Assuming that’s the case, nothing out of the ordinary.
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Mit Winter
Mit Winter@WinterSportsLaw·
@PhilipNILIP Yeah, a scare tactic. But to make that statement to a judge, when Ole Miss clearly supports the injunction and sought a waiver, is wild.
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Philip Sheng
Philip Sheng@PhilipNILIP·
@WinterSportsLaw Yeah lol. I think they are intentionally sending a message to Ole Miss that they will bring the hammer down on them if they can.
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Mit Winter
Mit Winter@WinterSportsLaw·
@PhilipNILIP Sure. But to say Ole Miss is harmed by the injunction is so disingenuous.
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