MLE Law

06/16/2026

UPDATE: Brendan Sorsby is officially leaving college football and entering the NFL Supplemental Draft.

After winning a temporary injunction against the NCAA, Sorsby appeared on track to play at Texas Tech this fall. But with the NCAA appeal still pending, the Big 12 fighting back in court, and a June 22 NFL deadline looming, Sorsby chose certainty over continued litigation and withdrew his eligibility lawsuit. (Reuters)

So what’s next?

The decision now shifts from the NCAA to Roger Goodell and the NFL.

Sorsby’s path to the Supplemental Draft still requires NFL approval, and even if approved, the league could decide to impose discipline. That’s where the Terrelle Pryor comparison becomes important. In 2011, Pryor left Ohio State before serving an NCAA suspension, entered the Supplemental Draft, and the NFL ultimately required him to serve a five-game suspension anyway. (The Wall Street Journal)

The difference?

Pryor’s case involved improper benefits.

Sorsby’s case involves sports betting, including wagers on games involving his own team while at Indiana — an issue the NFL has treated extremely seriously in recent years. (Reuters)

The legal fight may be over.

The NFL investigation may just be beginning.

And the next question isn’t whether Brendan Sorsby can play.

It’s whether the NFL will make him sit first.

06/13/2026

Everyone seems to have an opinion about NIL.

Some blame the athletes. Some blame the schools. Some blame the NCAA.

The reality is a lot more complicated.

The current state of college athletics didn’t happen overnight, and understanding how we got here is critical to understanding where things may be headed next.

My thoughts on whether the NCAA is really responsible for the NIL era.

06/12/2026

Yesterday, Michael Elkins appeared on the Indiana Sports Beat Radio Show with Jim Coyle discussing the Brendan Sorsby case, and all things NIL and college sports‼️

Below is a YouTube link to the show. You can also listen on Apple Podcasts and Spotify, links are also below.

Apple Podcasts 🔗: https://podcasts.apple.com/us/podcast/6-11-26-jim-coyle-with-michael-elkins-matt-taylor/id1434311798?i=1000772235849

Spotify 🔗: https://open.spotify.com/episode/0nKbS6LrLgxvHZ2KTmjLbB?si=8eGC1jqaRLOF-w9GOmUkuQ

https://www.youtube.com/live/NCWnnl9hxgs?si=FhQcZH12V4iTpPrd

Indiana Sports Beat Radio with Jim Coyle · Episode

06/11/2026

The FIFA World Cup kicked off today. ⚽️🥅🏟️

If you have employees, two legal issues are sitting in your workplace right now that most business owners are not thinking about.

𝗧𝗵𝗲 𝗼𝗳𝗳𝗶𝗰𝗲 𝗽𝗼𝗼𝗹 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻.

Someone in your office is already organizing one.

Here is the problem: workplace pools are illegal in several states and potentially implicate federal law, including the Interstate Wire Act and the Unlawful Internet Gambling Enforcement Act. Even if sports betting is legal where your business operates, that does not automatically mean your business can host, organize, or promote betting activity.

For employers with remote or multi-state workforces, it gets more complicated, a single pool with participants across multiple states can simultaneously fall under several different legal regimes. The lowest-risk path is a free company-sponsored pool where you supply the prizes and nobody antes up.

𝗧𝗵𝗲 𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗼𝗿𝗶𝗴𝗶𝗻 𝗵𝗮𝗿𝗮𝘀𝘀𝗺𝗲𝗻𝘁 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻.

Forty-eight countries are represented in this tournament. Your employees are about to wear jerseys, display flags, and engage in rivalries tied directly to where they are from. National origin is a protected class under Title VII of the Civil Rights Act. The law does not prohibit offhand comments or simple teasing, but conduct becomes illegal when it is frequent or severe enough to create a hostile or offensive work environment. "We were just talking about the game" is not a defense that holds up.

The same exposure exists on the scheduling side, if you approve or deny time-off requests inconsistently, or apply discipline in ways that track along national lines, you can face a discrimination claim even without any discriminatory intent behind your decisions.

The World Cup is a legitimate opportunity to build morale and celebrate the cultural mix that makes a lot of workplaces interesting. Lean into that, just make sure your policies are in order before the next match kicks off.

What are you doing in your workplace to mark the occasion?

06/11/2026

I get asked every day about mediation vs arbitration.

The truth? Mediation and arbitration are often grouped together, but they serve very different purposes.

Here’s what you need to know before choosing either path.

06/10/2026

Whether you agree with the outcome or not, the precedent set by the Brendan Sorsby ruling is significant.

If eligibility decisions increasingly move from conference offices and NCAA committees to courtrooms, the future of college athletics may look very different than its past.

In this video, I break down what the ruling means, why it matters, and what leaders across college sports should be paying attention to next.

06/09/2026

The biggest mistake people make?

Acting before calling a lawyer.

What you say, post, sign, delete, or do in those first few moments can have consequences that are hard to reverse.

Before you act, get advice.

06/07/2026

What counts as evidence in litigation?

Many people think a case is only won with a “smoking gun” email or direct admission. In reality, courts often consider different types of evidence when evaluating a claim.

Using the Brian Flores litigation as an example, this video discusses how evidence may be presented and analyzed in court.

Understanding the difference isn’t just important for lawyers. It’s important for employers, employees, and business leaders alike.

06/04/2026

Here’s what the new bipartisan college sports bill could mean for the future of college athletics.

From NIL regulations and athlete compensation to recruiting, transfers, and governance, this legislation has the potential to reshape how college sports operate for years to come.

Supporters believe it could bring much-needed structure and consistency to an increasingly complex landscape. Critics argue it may create new challenges and unintended consequences for athletes, schools, and conferences.

One thing is clear: the conversation around college athletics is evolving rapidly, and the decisions being made today will impact student-athletes, institutions, and fans across the country.

What stands out most to you about the proposed changes?

06/02/2026

Some wins are sweeter because of how long they take to earn.

After years of litigation, the Eleventh Circuit affirmed summary judgment for the City of Miami Beach on Title VII and Florida Civil Rights Act retaliation claims.

I had the privilege of representing the City at every level of this case, from the initial discipline through the district court and this appeal.

The plaintiff argued the record showed retaliatory animus. The court was not persuaded, and the reasoning matters for every employer.

Importantly, protected activity does not immunize an employee from the consequences of independent misconduct.

Grateful to the City for its trust over the long haul, and proud of the team that helped get us here.