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Latest Analysis

Browse the latest legal alerts, case analyses, explainers, and strategic commentary on the forces reshaping sports and entertainment.

Business & Deals

+3

What Is the Nonstatutory Labor Exemption—and Why Does Pro Sports Depend on It?

Sep 12, 2026

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8 min read

What Is the Nonstatutory Labor Exemption—and Why Does Pro Sports Depend on It?

Salary caps, drafts, free agency rules and other restraints would look very different under ordinary antitrust law. The nonstatutory labor exemption is what allows leagues and players to negotiate them as labor rules instead.

Jesse Wilde
Jesse Wilde

Professional Sports

+2

What Does It Actually Mean to Call a College Athlete an “Employee”?

Sep 12, 2026

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9 min read

What Does It Actually Mean to Call a College Athlete an “Employee”?

Calling an athlete an employee can mean union rights, minimum-wage obligations, payroll taxes, workers’ compensation—or some combination of them. The complicated part is that American law does not use one universal definition of “employee.”

Jesse Wilde
Jesse Wilde

Business & Deals

+1

Why Does Antitrust Law Keep Showing Up in College Sports?

Sep 12, 2026

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8 min read

Why Does Antitrust Law Keep Showing Up in College Sports?

College sports requires competitors to cooperate. Antitrust law decides when that cooperation is necessary to make the game work—and when it goes too far.

Jesse Wilde
Jesse Wilde
The Protect College Sports Act Wouldn’t End NCAA Litigation. It Would Rewrite It.

Sep 12, 2026

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13 min read

The Protect College Sports Act Wouldn’t End NCAA Litigation. It Would Rewrite It.

Congress would not take courts out of college sports. It would change what courts are being asked to decide—moving core eligibility, transfer, recruiting, and compensation rules from case-by-case antitrust scrutiny into a federal statutory framework while creating an entirely new set of fights over compliance, preemption, enforcement, and the boundaries of NCAA authority.

Jesse Wilde
Jesse Wilde
You Can Own a League. Owning the Sport Is More Complicated.

Sep 12, 2026

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10 min read

You Can Own a League. Owning the Sport Is More Complicated.

HYROX, CrossFit, TGL and a new generation of privately created competitions are blurring the line between sports company and sports governing body. That model can accelerate innovation—but the more a private owner controls the rules, rankings, championships and athletes’ path to legitimacy, the harder it becomes to behave like an ordinary brand.

Jesse Wilde
Jesse Wilde

Business & Deals

+1

The Fanatics Ecosystem: When Does Vertical Integration Become Market Power?

Sep 12, 2026

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11 min read

The Fanatics Ecosystem: When Does Vertical Integration Become Market Power?

Fanatics has built something bigger than a trading-card company: an increasingly connected system spanning sports rights, Topps, memorabilia, live breaking, marketplaces, vaulting, retail, events, and direct-to-consumer commerce. That integration can make collecting dramatically easier. Antitrust law starts asking harder questions when control of one layer becomes leverage over who gets to compete in another.

Jesse Wilde
Jesse Wilde

College Sports & NIL

+1

The Protect College Sports Act is moving toward its Senate vote—and lawmakers are mounting a major public push Monday

Sep 12, 2026

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5 min read

The Protect College Sports Act is moving toward its Senate vote—and lawmakers are mounting a major public push Monday

The Protect College Sports Act would do something much bigger than create national NIL rules: it would federalize core parts of college-sports governance, protect specified eligibility, transfer, compensation, and recruiting rules from antitrust attack, preempt some state laws—and replace some of today’s litigation with new federal statutory claims.

Jesse Wilde
Jesse Wilde

Business & Deals

+1

HYROX’s New Deal Puts a $700 Million Price Tag on a Sport That Barely Existed a Decade Ago

Sep 12, 2026

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5 min read

HYROX’s New Deal Puts a $700 Million Price Tag on a Sport That Barely Existed a Decade Ago

The founders of HYROX have reclaimed control with backing from L Catterton and other investors. The bigger story is what investors are actually buying: not a team, but a standardized sport, a global participation network, and the right to keep building the category around both.

Jesse Wilde
Jesse Wilde

College Sports & NIL

+1

The NCAA Has One Eligibility Rule. Courts Are Producing Different Answers.

Sep 12, 2026

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12 min read

The NCAA Has One Eligibility Rule. Courts Are Producing Different Answers.

The NCAA rewrote its eligibility system to make it simpler and more predictable. Instead, Class-of-2022 athletes are learning that whether they can play a fifth season may depend on which courthouse they enter—and how quickly they get there.

Jesse Wilde
Jesse Wilde
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The Game Behind The Game

Sports & Entertainment Law + Business Analysis

© 2026 The Game Behind The Game

The Game Behind The Game provides commentary and analysis for informational purposes only. Nothing published here constitutes legal advice, creates an attorney-client relationship, or should be relied upon as a substitute for advice from qualified counsel regarding a particular matter. The views expressed are those of the author and do not necessarily reflect the views of the author’s law firm, its attorneys, or its clients.

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