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Hausfeld LLP has offices in San Francisco, Philadelphia, and London. He spoke softly, without pause, condensing the complex fugue of antitrust litigation into simple sentences. So they had a right that they gave up in consideration to the principle of amateurism, if there be such.” (At an April hearing in a U. District Court in California, Gregory Curtner, a representative for the NCAA, stunned O’Bannon’s lawyers by saying: “There is no document, there is no substance, that the NCAA ever takes from the student-athletes their rights of publicity or their rights of likeness.“Let’s start with the basic question,” he said, noting that the NCAA claims that student-athletes have no property rights in their own athletic accomplishments. They are at all times owned by the student-athlete.” Jon King says this is “like telling someone they have the winning lottery ticket, but by the way, it can only be cashed in on Mars.” The court denied for a second time an NCAA motion to dismiss the O’Bannon complaint.) The waiver clause is nestled among the paragraphs of the “Student-Athlete Statement” that NCAA rules require be collected yearly from every college athlete. Nobody can assert rights like that.” He said the pattern demonstrated clear abuse by the collective power of the schools and all their conferences under the NCAA umbrella—“a most effective cartel.” The faux ideal of amateurism is “the elephant in the room,” Hausfeld said, sending for a book.But what Vaccaro said in 2001 was true then, and it’s true now: corporations offer money so they can profit from the glory of college athletes, and the universities grab it.In 2010, despite the faltering economy, a single college athletic league, the football-crazed Southeastern Conference (SEC), became the first to crack the billion-dollar barrier in athletic receipts. That money comes from a combination of ticket sales, concession sales, merchandise, licensing fees, and other sources—but the great bulk of it comes from television contracts.
“Why,” asked Bryce Jordan, the president emeritus of Penn State, “should a university be an advertising medium for your industry? You can be very moral and righteous in asking me that question, sir,” Vaccaro added with irrepressible good cheer, “but there’s not one of you in this room that’s going to turn down any of our money. I can only offer it.” William Friday, a former president of North Carolina’s university system, still winces at the memory.Someone tracked down Vaccaro on vacation in Athens, Greece, and he flew back directly to meet Hausfeld.The shoe salesman and the white-shoe lawyer made common cause. When I talked with Hausfeld there not long ago, he sat in a cavernous conference room, tidy in pinstripes, hands folded on a spotless table that reflected the skyline.“Boy, the silence that fell in that room,” he recalled recently.“I never will forget it.” Friday, who founded and co-chaired two of the three Knight Foundation sports initiatives over the past 20 years, called Vaccaro “the worst of all” the witnesses ever to come before the panel.