Three weeks after being asked to modify a $2.78 billion deal that would dramatically change college sports, attorneys excised the word “booster” from the mammoth plan in hopes of satisfying a judge’s concerns about the landmark settlement designed to pay players some of the money they help produce.

As expected, the changes filed in court Thursday did not amount to an overhaul — replacing “booster” with the term “associated entity or individual,” was the headliner – but the hope is that it will clear the way for U.S District Judge Claudia Wilken to give the settlement agreement preliminary approval.

The new language and replacing of the hazily defined “booster,” which has played a big role in the NCAA’s rulebook for decades, is designed to better outline which sort of deals will come under scrutiny under the new rules.

Under terms of the settlement, the biggest schools would have a pool of about $21..5 million in the first year to distribute to athletes via a revenue-sharing plan, but the athletes would still be able to cut name, image and likeness deals with outside groups.

It was the oversight of those deals that was at the heart of Wilken’s concerns in the proposed settlement. Many leaders in college sports believe calling something a NIL deal obscures the fact that some contracts are basically boosters paying athletes to play, which is forbidden.

The settlement tries to deal with that problem. By changing “booster” to “associated entity,” then clearly defining what those entities are, the lawyers hope they will address that issue.

The NCAA said in a statement that the new language will “provide both clarity and transparency to those seeking to offer or accept NIL deals.”

The new filing explained that “associated entity or individual” is a “narrower, more targeted, and objectively defined category that does not automatically sweep in ‘today’s third-party donor’ or a former student-athlete who wishes to continue to support his/her alma mater.”

Those entities will not include third parties like shoe companies or people who provide less than $50,000 to a school — someone who would be considered a small-money donor. Deals involving “associated entities” will be subject to oversight by a neutral arbitrator, not the NCAA.

In a news release, plaintiffs’ attorney Steve Berman focused on how the settlement, and now the new language, restricts how much oversight the NCAA — already sharply muzzled by a series of losses in court — will have on NIL deals.

“The filed settlement terms today constitute a substantial improvement on the current status quo under which a much broader set of deals are prohibited under NCAA rules, and all discipline is carried out by the NCAA without any neutral arbitration or external checks,” Berman said.

There is no timetable for Wilken to let the parties know whether they changes they made will be enough for her to sign off on the deal.

The lawyers kept to their word that they would not make dramatic changes to the proposal, but rather clarify for the judge that most third-party NIL deals would still be available to college athletes. On top of that, athletes will also receive billions in revenue annually from their schools through the revenue-sharing plan.

College sports leaders believe unregulated third-party deals through booster-funded organizations known as NIL collective will allow schools to circumvent the cap.

So-called NIL collectives have become the No. 1 way college athletes can cash in on use of their fame. According to Opendorse, a company that provides NIL services to dozens of schools, 81% of the $1.17 billion spent last year on NIL deals with college athletes came from collectives.

Wilken took some issue with the cap — set at $21.5 million for the first year — but it was the plan to subject certain NIL deals to an external review for fair-market value drew the most scrutiny.

___

AP College Sports Writer Ralph Russo contributed.

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The post Florida education officials and civil rights attorneys reach settlement over law which critics dubbed “Don’t Say Gay.” appeared first on Attorney Legal Counsel.

LOS ANGELES (AP) — One of the country’s most progressive prosecutors, George Gascón, has advanced to a runoff in his reelection bid for Los Angeles County’s district attorney, surviving a primary race that pit him against 11 challengers.

Gascón will compete in November against the second highest vote-getter from Tuesday’s primary in the race to lead an agency that prosecutes cases in the most populous county in the U.S.

Nathan Hochman, a former federal prosecutor and one-time California attorney general candidate who ran as a Republican in 2022, was closely behind Gascón in partial returns.

Hochman has tried to capitalize on voter anger over crime and homelessness, issues that led voters to unseat San Francisco District attorney Chesa Boudin in a recall election in 2022. In his campaign ads, Hochman, a defense attorney, vowed to change the direction of the district attorney, saying: “It’s time we had a DA who fights for victims, not criminals.”

To win the primary outright in California, Gascón needed to get a 50%-plus-one vote. Anything less triggers a runoff race between the top two candidates in November regardless of party.

Political experts said they had expected Gascón to advance from the nonpartisan primary but are less optimistic about his chances in the fall.

The primary set Gascón against opponents who ranged from line prosecutors in his own office to former federal prosecutors to county judges. They sought to blame Gascón and his progressive policies for widespread perceptions the city is unsafe, highlighting shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

Gascón was elected on a criminal justice reform platform in 2020, in the wake of George Floyd’s killing by police. He faced a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

During his first term, Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, older people and people targeted because of their race, ethnicity, sexual orientation or disability.

His challengers have pledged to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

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The post Progressive Los Angeles County District Attorney George Gascón advances to runoff appeared first on Attorney Legal Counsel.

LOS ANGELES (AP) — Former federal prosecutor Nathan Hochman has advanced to a runoff against Los Angeles County District attorney George Gascón, one of the country’s most progressive prosecutors.

Gascón and Hochman will compete in November in the race to lead an agency that prosecutes cases in the most populous county in the U.S.

Hochman was a one-time California attorney general candidate. Running as a Republican in 2022, he lost to Democratic candidate Rob Bonta. Hochman’s district attorney campaign says he raised $2 million in his bid to unseat Gascón.

To win the primary outright in California, a candidate needs to get a 50%-plus-one vote. Anything less triggers a runoff race between the top two candidates in November regardless of party.

Political experts said Gascón was expected to advance from the nonpartisan primary but are less optimistic about his chances in the fall.

Hochman emerged from 11 challengers running against Gascón, who was elected on a criminal justice reform platform in 2020 in the wake of George Floyd’s killing by police. Gascón faced a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

Hochman has tried to capitalize on voter anger over crime and homelessness, issues that led voters to unseat San Francisco District attorney Chesa Boudin in a recall election in 2022.

In his campaign ads, Hochman, a defense attorney, vowed to change the direction of the district attorney, saying: “It’s time we had a DA who fights for victims, not criminals.”

The challengers, ranging from line prosecutors in Gascón’s office to county judges to former federal prosecutors like Hochman, sought to blame Gascón and his progressive policies for widespread perceptions that the city is unsafe. They highlighted shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

During his first term, Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, older people and people targeted because of their race, ethnicity, sexual orientation or disability.

Hochman has vowed to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

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The post Nathan Hochman advances to Los Angeles County district attorney runoff against George Gascón – Lufkin Daily News appeared first on Attorney Legal Counsel.

LOS ANGELES — Former federal prosecutor Nathan Hochman has advanced to a runoff against Los Angeles County District attorney George Gascón, one of the country’s most progressive prosecutors.

Gascón and Hochman will compete in November in the race to lead an agency that prosecutes cases in the most populous county in the U.S.

Hochman was a one-time California attorney general candidate. Running as a Republican in 2022, he lost to Democratic candidate Rob Bonta. Hochman’s district attorney campaign says he raised $2 million in his bid to unseat Gascón.

To win the primary outright in California, a candidate needs to get a 50%-plus-one vote. Anything less triggers a runoff race between the top two candidates in November regardless of party.

Political experts said Gascón was expected to advance from the nonpartisan primary but are less optimistic about his chances in the fall.

Hochman emerged from 11 challengers running against Gascón, who was elected on a criminal justice reform platform in 2020 in the wake of George Floyd’s killing by police. Gascón faced a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

Hochman has tried to capitalize on voter anger over crime and homelessness, issues that led voters to unseat San Francisco District attorney Chesa Boudin in a recall election in 2022.

In his campaign ads, Hochman, a defense attorney, vowed to change the direction of the district attorney, saying: “It’s time we had a DA who fights for victims, not criminals.”

The challengers, ranging from line prosecutors in Gascón’s office to county judges to former federal prosecutors like Hochman, sought to blame Gascón and his progressive policies for widespread perceptions that the city is unsafe. They highlighted shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

During his first term, Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, older people and people targeted because of their race, ethnicity, sexual orientation or disability.

Hochman has vowed to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

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The post Nathan Hochman advances to Los Angeles County district attorney runoff against George Gascón appeared first on Attorney Legal Counsel.

LOS ANGELES — One of the country’s most progressive prosecutors, George Gascón, has advanced to a runoff in his reelection bid for Los Angeles County’s district attorney, surviving a primary race that pit him against 11 challengers.

Gascón will compete in November against the second highest vote-getter from Tuesday’s primary in the race to lead an agency that prosecutes cases in the most populous county in the U.S.

Nathan Hochman, a former federal prosecutor and one-time California attorney general candidate who ran as a Republican in 2022, was closely behind Gascón in partial returns.

Hochman has tried to capitalize on voter anger over crime and homelessness, issues that led voters to unseat San Francisco District attorney Chesa Boudin in a recall election in 2022. In his campaign ads, Hochman, a defense attorney, vowed to change the direction of the district attorney, saying: “It’s time we had a DA who fights for victims, not criminals.”

To win the primary outright in California, Gascón needed to get a 50%-plus-one vote. Anything less triggers a runoff race between the top two candidates in November regardless of party.

Political experts said they had expected Gascón to advance from the nonpartisan primary but are less optimistic about his chances in the fall.

The primary set Gascón against opponents who ranged from line prosecutors in his own office to former federal prosecutors to county judges. They sought to blame Gascón and his progressive policies for widespread perceptions the city is unsafe, highlighting shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

Gascón was elected on a criminal justice reform platform in 2020, in the wake of George Floyd’s killing by police. He faced a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

During his first term, Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, older people and people targeted because of their race, ethnicity, sexual orientation or disability.

His challengers have pledged to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

attorney-george-gascn-107869922″>Source link


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SANTA ANA, Calif. (AP) — A Southern California judge was arrested on suspicion of killing his wife in the couple’s home, authorities said Friday.

Orange County Superior Court Judge Jeffrey Ferguson was arrested late Thursday after police received reports of a shooting at the home and found the judge’s wife, Sheryl Ferguson, shot inside, said Anaheim police Sgt. Jon McClintock.

She was pronounced dead at the scene in the upscale neighborhood of Anaheim Hills. The 72-year-old judge was arrested and taken to jail.

He was held on $1 million bail in Santa Ana and released Friday after posting bond, according to online jail records. He has not been formally charged.

McClintock said one other person was at the home at the time but declined to say who the person was or whether they were among the callers who notified police of the shooting.

Telephone and email messages seeking comment were left for Ferguson’s attorney, Paul S. Meyer.

Ferguson was elected as a judge in 2014 and took office in 2015. He handles criminal cases in a courthouse in the Orange County city of Fullerton.

He started his legal career in the Orange County district attorney’s office in 1983 and went on to work narcotics cases, for which he won various awards, according to the court.

During his time as a prosecutor, he was honored as an “attorney of the year” by the North Orange County Bar Association. He served as the organization’s president from 2012 to 2014.

“This is a very tragic situation for all involved,” Lorrie A. Walton, a current member of the association’s board, said in an email.

In 2017, Ferguson was admonished by the Commission on Judicial Performance for posting a statement on Facebook about a judicial candidate “with knowing or reckless disregard for the truth of the statement” and for being Facebook friends with attorneys appearing before him in court, according to a copy of the agency’s findings.

Ferguson said on his Facebook page that he grew up in a military family and traveled throughout Asia as a child. He went on to attend college and law school in California. He and his wife were married in 1996.

He was previously married to another woman and they had a son. He and Sheryl Ferguson have another son together, said Juli Mitchell, the sister of his ex-wife.

On Friday, the Orange County Superior Court declined to provide additional information about the allegations.

“Although no case has been filed with our Court, when appropriate we will take all necessary steps to ensure full compliance with our legal and ethical obligations,” Orange County Superior Court Presiding Judge Maria Hernandez said in a statement.

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LOS ANGELES (AP) — A Southern California judge charged with killing his wife during an argument while he was drunk pleaded not guilty to murder Tuesday, and his lawyer says it was an “accidental shooting.”

Los Angeles Superior Court Judge Ricardo Ocampo ordered Orange County Superior Court Judge Jeffrey Ferguson, who appeared in court in a suit and tie, to surrender his passport, submit to searches, and wear monitoring devices for blood alcohol content and GPS as part of new bail conditions sought by prosecutors. Ferguson, who is free on $1 million bail, also is barred from possessing firearms and alcohol and frequenting places such as bars and liquor stores.

After the hearing, Ferguson’s lawyers told reporters the long-time judge and former prosecutor was confident a jury would agree with him that no crime was committed.

“This was an unintentional, accidental shooting and not a crime,” attorney Paul Meyer said.

The hearing was held in Los Angeles because Ferguson has been a judge hearing criminal cases in a courtroom about 25 miles (40 kilometers) to the southeast in Orange County. The next hearing in Ferguson’s case was set for Oct. 30.

The 72-year-old was arrested on Aug. 3 at his home in the upscale neighborhood of Anaheim Hills after police found his wife, Sheryl Ferguson, shot to death. Prosecutors said in court filings that the couple had been arguing and the judge was drinking when he pulled a pistol from an ankle holster and shot her in the chest. The couple’s adult son and Ferguson called 911, and Ferguson texted his court clerk and bailiff to say he had shot his wife, according to the filings.

He texted: “I just lost it. I just shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry,” according to the filing.

Prosecutors argued the new bail conditions protect public safety and ensure Ferguson doesn’t flee after authorities found 47 weapons, including the pistol used in the shooting, and more than 26,000 rounds of ammunition at his home. They say the weapons are legally owned but a rifle registered in his name is still missing.

Ferguson was charged with one count of murder and weapons-related enhancements.

Larry Rosen, Sheryl Ferguson’s brother, spoke with reporters after Tuesday’s hearing and said it was “hell” when Ferguson looked at him in the courtroom.

“My sister was a wonderful person, very caring, very selfless,” Rosen said. “The family is absolutely in shock.”

Rosen declined to discuss Ferguson’s lawyers’ claims that the shooting was an accident and said he would defer to the police and prosecutors who are investigating.

Rosen said his sister helped take care of him since he was still a minor when their mother died. He also said she was an active member of her community, participating in Boy Scouts and activities with her now-adult son. The son, who authorities said called 911 after the shooting, is the main focus of the family now, Rosen said.

“It’s a tragedy for me. I can’t even fathom what he’s going through right now,” Rosen said.

The arrest shocked the Southern California legal community and officials have been grappling with how the case should be handled. The district attorney’s office in Orange County — a cluster of cities that are collectively home to more than 3 million people — asked state officials to weigh in on whether there was a conflict before charging him last week.

Ferguson has been a judge since 2015. He started his legal career in the Orange County district attorney’s office in 1983 and went on to work narcotics cases, for which he won various awards. He served as president of the North Orange County Bar Association from 2012 to 2014.

In 2017, Ferguson was admonished by the Commission on Judicial Performance for posting a statement on Facebook about a judicial candidate “with knowing or reckless disregard for the truth of the statement,” and for being Facebook friends with attorneys appearing before him in court, according to a copy of the agency’s findings.

Ferguson said on his Facebook page that he grew up in a military family and traveled throughout Asia as a child. He went on to attend college and law school in California. He and his wife were married in 1996.

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