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The NCAA Legal Drama Continues: 14-Day Temporary Restraining Order Becomes Joint Motion Requesting Preliminary Injunction Permitting Two-Time Transfer Athletes To Play Despite NCAA Rule - Antitrust, EU Competition - United States
by Gunnar Larson 26 Dec '23

26 Dec '23

United States: The NCAA Legal Drama Continues: 14-Day Temporary Restraining Order Becomes Joint Motion Requesting Preliminary Injunction Permitting Two-Time Transfer Athletes To Play Despite NCAA Rule: https://www.mondaq.com/unitedstates/antitrust-eu-competition-/1404592/the-n… 22 December 2023 by Christina Stylianou and Gregg E. Clifton Lewis Brisbois Bisgaard & Smith LLP Your LinkedIn Connections with the authors View Christina Stylianou Biography on their website In a fast moving series of legal actions and agreements involving the NCAA and the state attorneys general from Ohio, Colorado, Illinois, New York, North Carolina, Tennessee and West Virginia, the NCAA and the seven plaintiff states have now filed a joint motion seeking to convert the recent temporary restraining order (TRO) issued by U.S. District Court Judge John Pierson Bailey from the Northern District of West Virginia into a preliminary injunction, vacating the scheduling of a preliminary injunction hearing and expedited discovery. Judge Bailey's recent TRO enjoined the NCAA from enforcing its Transfer Eligibility Rule against multi-time transfer athletes pending its decision on the plaintiff states' request for a preliminary injunction seeking the same relief. Despite initial statements from the NCAA indicating a willingness to challenge the issuance of Judge Bailey's TRO, the NCAA unexpectedly agreed to file the joint motion to convert the 14-day TRO issued by Judge Bailey into a preliminary injunction voluntarily. The terms of the negotiated preliminary injunction restrict the NCAA from being able to enforce its transfer rule during the pendency of the case against student-athletes who have transferred schools more than one time. Specifically, the NCAA agreed in the terms of the negotiated preliminary injunction to forego enforcement of its transfer rule limiting multi-time transfers from participating in NCAA sanctioned competitions during the period that the injunction remains in effect. The impact of the proposed settlement will allow all winter and spring multi-time transfer athletes to participate in their complete season without fear of retaliation from the NCAA. This matter originally arose from the NCAA's current transfer rule, which permits underclassmen to transfer once without penalty but prohibit multi-time transfer student-athletes from competing with their new school for one year unless they successfully obtain a waiver from the NCAA to do so. Judge Bailey's original TRO prohibited the NCAA from enforcing this rule against athletes who had transferred schools more than once. The TRO also prohibited the NCAA from penalizing institutions under the Rule of Restitution for permitting impacted athletes to compete pursuant to the court order, but in defiance of the Transfer Eligibility Rule, if the order was later vacated, reversed, or otherwise invalidated. Both of these prohibitions on the NCAA were to remain in place for 14 days, until the court could hear and decide the plaintiffs' arguments for a longer-term preliminary injunction seeking the same relief on December 27, 2023. The lawsuit was initially brought against the NCAA by the states of Ohio, Colorado, Illinois, New York, North Carolina, Tennessee, and West Virginia, who allege that the NCAA's transfer rules and waiver process violate federal antitrust law. In their motion seeking the TRO, the states argued that the NCAA's transfer rule caused multi-time transfer athletes to "suffer immediate and irreparable harm by continuing to be barred from competing this season in their respective collegiate sports and by facing transfer decisions burdened by the risks of ineligibility that the Rule imposes on second-time transferring college athletes." As federal law requires on a motion for a TRO, the court's analysis reviewed (1) the states' likelihood of success on the merits, (2) the likelihood of irreparable harm absent injunctive relief, (3) the balance of hardships, and (4) the public interest. In analyzing the likelihood of success of the plaintiffs' action, the court considered the merits of antitrust claims against the NCAA, relying in large part on the Supreme Court's 2021 Alston decision and using that decision to determine that the NCAA is indeed subject to the Sherman Antitrust Act. The court's analysis under the Act determined that the Transfer Eligibility Rule harms college athletes, as well as consumers of college athletics, and that the NCAA's procompetitive justifications for the rule are pretextual and that its purported "academic" goals for its athletes can be accomplished through less restrictive alternatives. With respect to the second prong of its analysis, the court discussed at length the harmful effects of the Transfer Eligibility Rule on athletes, from impacts to athletes' mental health and wellbeing by restricting their movement to and ability to compete at schools better suited to them, to the dimming of prospects for athletes in terms of visibility, eligibility, NIL opportunities, and drafting opportunities to professional sports. Highlighting the critical importance of each game, the court made clear that it found these harms to significantly outweigh any potential harm to the NCAA and that it, in fact, found that no harm to the NCAA would result from granting the temporary restraining order. Moreover, it determined that granting the order would serve the public interest by promoting the free and fair competition in labor markets guaranteed by antitrust law. Since the court's decision was issued and prior to the submission of the more recent joint motion, the NCAA released a mixed response, initially stating publicly that athletes who participated in competition pursuant to the District Court's order would not lose a year of eligibility if the court's decision was later overturned. Subsequently, however, the NCAA changed its position, issuing a memorandum to its Division I member schools attempting to explain what the court's decision would mean for intercollegiate athletics in the interim and stating that athletes would, in fact, lose a year of eligibility if they competed during the initial two-week period granted by Judge Bailey if the court's issuance of the TRO was reversed. The NCAA's sudden decision to participate in the filing of the joint motion along with the seven states was most likely motivated by the court's analysis in its temporary restraining order and its determination that the plaintiff states were likely to succeed on the merits and ultimately be granted the preliminary injunction following the scheduled December 27, 2023 hearing. Specifically, the NCAA and plaintiff states are requesting that the court convert the TRO into a preliminary injunction that will remain in place until the case is decided. In response to specific questions raised to the NCAA, the organization spokesperson Saquandra Heath confirmed, "the NCAA will not enforce the year in residency requirement for multiple-time transfers and will begin notifying member schools." She concluded her comments by stating that the proposal is "the best outcome for multiple-time transfer student-athletes wishing to compete immediately." As a result of the joint submission, the hearing that was ordered to be held on Dec. 27 regarding the plaintiff states' initial request for a preliminary injunction, will almost certainly result in the dismissal of the previously ordered hearing once the joint submission is reviewed and signed off on by Judge Bailey.

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Mafia goon and Pedophile, Elon Musk, sends message to Grarpamp
by pro2rat＠yahoo.com.au 25 Dec '23

25 Dec '23

Musk recently began boosting the repeatedly debunked “Pizzagate” conspiracy. This attempts to link Democratic Party executives to organised child abduction and paedophile rings – and the mediaeval-era fantasy that Jews used the blood of Christian children for religious rituals. Musk has responded to such content on X five times since late November. Just like his bum-buddy, Grarpamps

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Unified list-Marxist field-theory
by pro2rat＠yahoo.com.au 25 Dec '23

25 Dec '23

"... james donald understands the argie situation well : https://blog.reaction.la/war/ukraine-war-is-over-the-killing-and-dying-may-… "Milei is a US puppet. He is backing Ukraine and Israel, he is cutting relations with the BRICs. He is integrating with the US finance system, which is not capitalism, but communism. This kind of “capitalism” was an economically ruinous catastrophe for Argentina and Yeltzin’s Russia the first time around. It is likely to be a catastrophe the second time around." ps: grarpamp you sent me a personal message . . . " If that is Trotskycon, James A Donald then the politics of punk and grarpamps come into sharper focus. Its a red-brown, Nazbol thing. Punk endorses traditional Marxist anti-Semitism and Gramps aproves Uighur style repression of Mexicans. And their sort of unorthodoxy becomes increasingly mainstream. Take all the Trotskycons. They're more KGB / CCP and even pro DPRK every day. Fascist slime can't help themselves. But we can help get these scumbags off our list. Why Jim invented APster. Long live shock capitalism.

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fuck all you jewnazi KKKristians - and jews.
by punk 25 Dec '23

25 Dec '23

'kkkristmas' is one of the most stupid and evil examples of jew-western savagery. Fuck all the assholes who 'celeberate' it.

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SpyVeillance: Santa Sees You
by grarpamp 25 Dec '23

25 Dec '23

https://www.youtube.com/watch?v=80gv6opFy3o

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PAGING GRARPAMP
by punk 24 Dec '23

24 Dec '23

this is for grarpamp. It just so happens that anarchist theory can predict the future quite well, and as soon as this jakobo milei turd became an 'anarchist' president, that is, the supreme boss of the state mafia, he started to act like the supreme boss of the state mafia. first thing jakobo milei did was rise taxes, including taxes on international trade. Hey, nothing says 'libertarian' like import/export duties!! Moral of the story, he steals money to pay government parasites - that's his purpose in life. second thing he did was suck zolosky cock. Ah yes, the anti human jew and murderer of the ukrainian people, zolokys, came to 'congratulate' jakobo milei. Two despicable pentagon assets sucking each others cocks. They should marry! anyway, it only took two days for jakobo milei to betray every single promise he made. funnily enough james donald understands the argie situation well : https://blog.reaction.la/war/ukraine-war-is-over-the-killing-and-dying-may-… "Milei is a US puppet. He is backing Ukraine and Israel, he is cutting relations with the BRICs. He is integrating with the US finance system, which is not capitalism, but communism. This kind of “capitalism” was an economically ruinous catastrophe for Argentina and Yeltzin’s Russia the first time around. It is likely to be a catastrophe the second time around." ps: grarpamp you sent me a personal message to this address awhile back. I can't reply to your jewnanzi jewmail account though. joogle joonazis block cock.li. pps: a few days ago milei wrote an 'executive order' with some alleged 'deregulation measures' in it. So far the only thing he's achieved is a steep increase of inflation rate. The only 'deregulated' thing here is the price of food, skyrocketing.

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the poor, anti-human jewnazis are losing
by punk 24 Dec '23

24 Dec '23

they are losing their little ukrainian war. The jews, 'led' by jakobo zoloski, massacred some hundred thousands ukrainians, and yet they are getting nowhere https://invidious.fdn.fr/watch?v=fbepV0UIYtU Orwellian Morning Joe "Redefines Success" in Ukraine—Erasing Their Warmongering - signed jakobo greenwald.

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Re: Your Freedom of Information Law (FOIL) Request FOIL-2023-095358-021202
by Gunnar Larson 22 Dec '23

22 Dec '23

Thank you very much. Happy Holidays! Gunnar Gunnar Larson 917-580-8053 xNY.io - Bank.org On Fri, Dec 22, 2023, 2:59 PM <Joanne.Verdejo(a)dfs.ny.gov> wrote: > Good afternoon, > > Attached please find correspondence from the NYS Department of Financial > Services, pertaining to your FOIL request. > > > Thank you. > > Tracking Number:FOIL-2023-095358-021202 >

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Re: Your Freedom of Information Law (FOIL) Request FOIL-2023-095358-021202. DFS Investigation Finds Robinhood Crypto Failed to Maintain Effective and Compliant BSA/AML and Cybersecurity Programs
by Gunnar Larson 22 Dec '23

22 Dec '23

SENT VIA EMAIL G(a)xny.io December 22, 2023 Gunnar Larson xNY.io – Bank.org 406 West 25th Street New York, NY 10001 Re: FOIL Tracking No. 2023-095358 Dear Gunnar Larson: I write with respect to your above-referenced FOIL request, assigned the tracking number 2023- 095358. The New York State Department of Financial Services (DFS) requires additional time to complete its response to your request. DFS anticipates completing your request on or about January 31, 2024. We appreciate your continued patience. Thank you. On Fri, Dec 22, 2023, 2:59 PM <Joanne.Verdejo(a)dfs.ny.gov> wrote: > Good afternoon, > > Attached please find correspondence from the NYS Department of Financial > Services, pertaining to your FOIL request. > > > Thank you. > > Tracking Number:FOIL-2023-095358-021202 > INFORMATION SUBMITTED: Records Requested From Department of Financial Services Short Title DFS Investigation Finds Robinhood Crypto Failed to Maintain Effective and Compliant BSA/AML and Cybersecurity Programs Description Dear Madam or Sir: On August 2, 2022 the Superintendent of Financial Services Adrienne A. Harris announced that Robinhood Crypto, LLC (“RHC”) would pay a $30 million penalty to New York State for significant failures in the areas of bank secrecy act/anti-money laundering (“BSA/AML”) obligations and cybersecurity that resulted in violations of the Department’s Virtual Currency Regulation (23 NYCRR Part 200), Money Transmitter Regulation (3 NYCRR Part 417), Transaction Monitoring Regulation (23 NYCRR Part 504), and Cybersecurity Regulation (23 NYCRR Part 500). xNY.io - Bank.org would like to receive any and all records related to NY-DFS' investigation of Robinhood Crypto. Including (but not limited to) records concerning the bespoke Supervisory Agreement Robinhood Crypto has with the Department of Financial Services mentioned here: https://www.dfs.ny.gov/reports_and_publications/press_releases/pr202208021. In addition, xNY.io - Bank.org seeks any and all records concerning New York's approach to Robinhood Crypto and Goldman Sachs compliance programs mandated by the United States Department of Justice, Criminal Division, Fraud Section and Money Laundering and Asset Recovery Section mentioned here: https://drive.google.com/file/d/1Yx88RMoeLyyfbNK0RtPl4r-m8N21_1Sp/view?usp=…. Finally, xNY.io - Bank.org seeks records concerning New York's regulatory approval of Robinhood Crypto engaging a fine of $30M to implement heightened controls and additional procedures and policies relating to electronic surveillance and investigation, due diligence on transactions or clients and the use of third-party intermediaries across business units; and enhancing anti-corruption training for all management and relevant employees. Warm regards, Gunnar Larson xNY.io - Bank.org 917-580-8053 Uploaded Files FOIL Response Format Email If fees apply, please contact me if costs will be greater than $10000 Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information: Department of Financial Services One State Street 20th Floor New York, NY 10004

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BREAKING: Supreme Court Won't Review Trump's Immunity Yet
by Gunnar Larson 22 Dec '23

22 Dec '23

BREAKING: Supreme Court Won't Review Trump's Immunity Yet <https://www.law360.com/legalethics/articles/1780063?nl_pk=a931e1a0-e840-4de…> By Katie Buehler The U.S. Supreme Court ruled Friday it will let the D.C. Circuit weigh in before deciding if former President Donald Trump is immune from federal criminal conspiracy and obstruction charges stemming from his alleged attempts to overturn the 2020 election, denying special counsel John L. "Jack" Smith's request to bypass the appellate court. Order attached | Read full article » <https://www.law360.com/legalethics/articles/1780063?nl_pk=a931e1a0-e840-4de…> | Save to favorites » <https://www.law360.com/legalethics/articles/1780063?nl_pk=a931e1a0-e840-4de…>

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