Not all done

The GIST: The NCAA took another L in its war against NIL last Thursday by losing its Ninth Circuit appeal to avoid paying out $4B in class action damages to eligible athletes, while the National Labor Relations Board resumes hearing a case today that could reclassify USC athletes as “professionals.” This is not amateur hour.

The context: The Ninth Circuit case, House v. NCAA, was filed in 2020 by three NCAA athletes, including TCU hooper Sedona Prince. In November 2023, it was deemed a class action lawsuit and now represents over 14.5K college athletes, arguing that the NCAA’s pre-2021 policy prohibiting NIL earnings entitles these athletes to back pay.

• However, the NCAA argued that the estimated $4B in lost NIL wages would be a “death knell” for the organization’s case, despite Power Five conferences alone reportedly bringing in around $7B in annual revenue. Huh.

The politics: By fighting the amateurism loophole, athletes are increasingly looking to be recognized as employees, which has inevitably led to union and professionalization talk. NIL is also being discussed in Congress, with a bipartisan divide developing — everyone applauded athletes profiting from their success, but employee status, union protections, and revenue-sharing are additional objectives from the left of the aisle.

Zooming out: Athletes know there’s a lot of money at the table, and they’re going to keep fighting — especially women student-athletes, who are seeking Title IX protections as the NIL space becomes increasingly codified. If they can get a legal win, the precedent could create a domino effect where athletes may actually earn what they make for their athletic programs. Pay them what you owe them.

The GIST: Circle your entire calendar, because 2024 is the year of women’s volleyball. Seven Pro Volleyball Federation (PVF) teams start their four-month, 84-game season this week, while LOVB’s six teams will begin serving in November. Here’s what you need to know as these competitors start netting gains.

❣️ LOVB signs college stars: After a whirlwind December, LOVB Pro had a flurry of major additions in January, including All-American talent like Logan Eggleston, Madi Kubik, and Dani Drews. LOVB’s innovative pipeline model is also paying off, with stars like Sarah Franklin and Lexi Rodriguez signing NIL deals.

• By focusing on cities with a strong volleyball presence, the league embraced the grassroots model used in the PWHL’s savvy six-city launch. LOVB Pro COO Rosie Spaulding recently told The GIST that the pro league’s launch was specifically designed for LOVB’s fifth year of business so it would play to a built-in community base. Having a plan of attack.

📺 PVF adds media partners: The new league already inked partnerships with USA Volleyball and Spalding, but its latest streaming agreement with Bally Live and Stadium is a win-win that gives the PVF widespread access and the Bally brand a much-needed boost. Bally will showcase a minimum of 40 matches, 20 of which will be simulcast on Stadium.

• This adds to the PVF’s deal with CBS to air at least 10 regular-season matches and the semifinal and championship games, following the WNBA, NWSL, and PWHL’s example of diversifying TV rights.

1️⃣ Athletes Unlimited (AU) as first movers: And we can’t forget AU, which launched in 2020 when the U.S. had no active women’s pro volleyball leagues. AU proved there’s an appetite for pro volleyball in the country, and its short fall season leaves plenty of space for other leagues to have their time in the sun. Sharing is caring.

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